Smith v. State

OPINION

Opinion by

Justice MOSELEY.

Effrin Jermon Smith pled guilty in this case to a charge of delivery of a controlled substance, less than one gram, in a drug-free zone, with a deadly-weapon finding aud was tried simultaneously with and in the same hearings with a charge of possessing more than four, but less than 200 grams of a controlled substance.1 The case was tried to the trial court on punishment, and the court sentenced Smith to ten years’ imprisonment.

On appeal, Smith contends that we should reverse for a new punishment hearing because he did not adequately waive his right to a jury…