Wright v. State

OPINION

MALONEY, Justice.

The trial court convicted Edward Allen Wright of possession of heroin and assessed a six year sentence and a $500 fine. In two points of error, appellant complains that the trial court erred in (1) overruling appellant’s motion to be tried and sentenced for a state jail felony, and (2) assessing an illegal and void sentence. We reverse the trial court’s judgment and remand.

BACKGROUND

The grand jury indicted appellant for possession of less than one gram of heroin. The indictment alleged that the offense occurred in June 1995. The indictment also alleged one enhancement…