Howard v. State

OPINION ON APPELLANT’S MOTION FOR REHEARING

A jury convicted appellant of the offense of aggravated delivery of a controlled substance, namely, amphetamine of more than 200 grams but less than 400 grams. Art. 4476.15, § 4.03, V.T.C.S. (Repealed, 1989); now, see V.T.C.A., Health and Safety Code, § 481.113(c), (d)(1) (effective, Sept. 1, 1989). The trial court assessed his punishment at 15 years confinement.

The Court of Appeals affirmed the conviction. Howard v. State, 713 S.W.2d 414 (Tex.App.—2 Dist.1986). This Court granted appellant’s petition for discretionary review on the ground for review…