Jackson v. State

OPINION

KLINGEMAN, Justice.

This appeal is from a conviction for the delivery of heroin as a repeater from a second trial for the same offense. 1 At the first trial appellant was found guilty of the offense of delivery of heroin and determined to be a repeat offender. The court assessed punishment at fifteen years confinement, the minimum punishment for this first-degree felony offense. See Tex.Penal Code Ann. § 12.42(c) (Vernon 1974). At the second trial appellant elected to have the jury assess his punishment. Appellant pled “true” to the State’s prior enhancement allegation at the beginning…