Ochoa v. State

OPINION

MORRISON, Judge.

The offense is the sale of heroin; the punishment, forty (40) years.

Appellant’s first ground of error relates to former jeopardy. This is appellant’s second trial. Appellant was first tried under an indictment charging him with possession of heroin in one count and sale in another. The State abandoned the sale count before appellant’s plea to the indictment at the trial and proceeded on the possession charge. Appellant was found guilty by the jury. Subsequently he was granted a new trial. Thereafter, appellant was again brought to trial on a new indictment charging the…