Bishop v. State

OPINION

VOLLERS, Judge.

Appellant was charged by indictment with the offense of delivery of a controlled substance. Upon motion of the State the prosecution was reduced to the lesser included offense of possession of a controlled substance. Upon a plea of guilty before the court the appellant was found guilty and his punishment was assessed at confinement for a period of six years and a fine of $1,000.

In his only ground of error the appellant contends that the indictment was fundamentally defective in that it failed to allege an offense because the Texas Controlled Substances Act does not…