Whaley v. State

OPINION ON STATE’S AND APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

WHITE, Judge.

Appellant was convicted in a jury trial of delivery of less than twenty-eight (28) grams of hydromorphone and delivery of five pounds or less, but more than four ounces of marihuana. These allegations were contained in a single indictment. See Art. 4476-15, Secs. 4.03(b) and 4.05(b)(4), V.A.C.S.

At the punishment phase of the trial the jury found the enhancement allegations in the indictment to be true. The trial court assessed punishment at life imprisonment in the Texas Department' of Corrections. See Y.T.C.A.,…