Moreno v. State

OPINION

ROBERTSON, Justice.

The conviction is for the felony offense of possession of methaqualone; the punishment is five years confinement. At issue on this appeal is the validity of a conviction under the Controlled Substances Act as amended by House Bill 730, 67th Leg., 1981, Ch. 268. We reform the judgment and affirm the conviction but remand to the trial court for the assessment of appropriate punishment.

Appellant was indicted for possessing, with intent to deliver, methaqualone weighing at least 400 grams. Methaqualone is listed in Penalty Group 3. TEX.REV.CIV. STAT.ANN. art. 4476-15, §…