State v. Webb

OPINION

JOHNSON,' J.,

delivered the opinion of the Court,

in which McCORMICK, P.J., and MEYERS, MANSFIELD, PRICE, HOLLAND, WOMACK, and KEASLER, J.J., joined.

Appellee Harvey Lee Webb was convicted on two counts of possession of a controlled substance, a non-aggravated state jail felony. See Tex. Health & Safety Code § 481.115(b); Tex. Pen.Code § 12.35(a). The indictment contained two enhancement paragraphs. The first alleged two sequential prior felonies, which would increase the punishment range' to that of a second-degree felony. See Tex. Penal Code § 12.42(a)(2). The second enhancement…