Fuentes v. State

JUNELL, Justice.

This is an appeal from a conviction for possession with intent to deliver a controlled substance, namely cocaine in violation of the Controlled Substances Act, Art. 4476-15, Sec. 4.03(c) (Vernon Supp.1982-1983). The original indictment charged appellant with possession with intent to deliver at least 400 grams of the substance. The state reduced that charge to read: “more than 28 grams and less than 200 grams.” Appellant pled nolo contendere to the reduced charge, and the trial court assessed punishment at seven years confinement in the Texas Department of Corrections. We…