Lumberas v. State

OPINION

ROBERTS, Judge.

This is an appeal from a conviction for sale of phentermine. 1 After finding appellant guilty, the jury assessed appellant’s punishment at nine years’ confinement.

In reviewing the record we have determined that the judgment must be reversed because of unassigned error. Art. 40.09(13), Vernon’s Ann.C.C.P.

In Riddle v. State, 560 S.W.2d 642 (Tex.Cr.App.1977), the defendant was charged with delivery of phentermine. In Riddle we held that there is no longer any penalty provided for the possession or delivery of phentermine. For the reasons stated in Riddle this rule also…