Wahl v. State

ONION, Presiding Judge.

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

Appellant was convicted by a jury under the first count of the indictment charging him with the manufacture of at least 400 grams of methamphetamine. Article 4476-15, § 4.04(a), (c), (d)(2) (1981). After the jury’s verdict, the court assessed punishment at sixteen (16) years’ imprisonment.

On appeal the appellant, inter alia, contended the trial court erred in allowing the case to proceed to trial because the statute under which he was convicted (H.B. 730, Acts 67th Leg.R.S.1981) was unconstitutional in light of the…