Borders v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

Appellant pled not guilty to possession of cocaine with intent to deliver and was tried before the court. The trial judge found Appellant guilty and assessed punishment at twenty years in the penitentiary and a $600 fine. The conviction was affirmed. Borders v. State, 822 S.W.2d 661 (Tex.App.—Dallas 1991). We granted discretionary review to determine whether Appellant preserved error by his motion for new trial concerning his right to present evidence on the issue of punishment prior to the trial court’s assessment of punishment. We will…