State v. Garza

ON APPELLEE’S MOTION FOR REHEARING

GARCIA, Justice.

The opinion of this Court dated January 8, 1992, is withdrawn, and the following opinion is substituted therefor.

Appellant, the State of Texas, appeals from a criminal case relating to the sentence imposed on appellee, Luis Garza. A Jim Wells County grand jury indicted ap-pellee for possession of heroin. The indictment contained two enhancement paragraphs. A jury found appellee guilty of the offense charged. Appellee elected to have his punishment set by the trial judge. At the punishment phase of the trial, appel-lee pleaded true to both…