Whitaker v. State

OPINION

ONION, Presiding Judge.

Our prior opinion is withdrawn.

The indictment in this case, omitting the formal parts, alleged that appellant on or about May 18, 1976 did “knowingly and intentionally offer to sell a controlled sub*957stance, namely: Marijuana,1 to R. L. FERGUSON.” On September 9, 1976 appellant waived trial by jury and entered a plea of guilty in the 185th Judicial District Court of Harris County. Appellant was convicted, and the court assessed punishment at three (3) years in the Department of Corrections.

An examination of the indictment reveals that it alleges only a misdemeanor.…