Ragan v. State

HALL, Justice.

The Texas Controlled Substances Act, Vernon’s Tex.Civ.St. art. 4476 — 15, as amended effective September 1, 1981, provides in Sec. 4.05(a) and (b)(4) that a person commits a felony of the second degree if he knowingly or intentionally delivers a quantity of marihuana of five pounds or less but more than four ounces. Appellant was convicted of this offense by a jury. The jury set his punishment at imprisonment for twenty years and a fine of $10,000.00, the maximum punishment provided for the offense in Sec. 4.01(b)(2) of the Act, as amended.

In its pertinent parts the indictment…