Vega v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

Appellant was convicted of the offense of possession of a controlled substance, to-wit: heroin. The punishment, enhanced by proof of a prior felony conviction, was assessed by the court at imprisonment in the Texas Department of Corrections for ten years. The conviction was affirmed on re*558hearing by the Houston 1st Court of Appeals. Vega v. State, 662 S.W.2d 667 (Tex.App.1983).

The appellant has filed a Petition for Discretionary Review contending that the trial court committed fundamental error in conducting a trial before the court in…