Alvarez v. State

OPINION

ONION, Presiding Judge.

This appeal is taken from a conviction for possession of heroin, wherein the punishment was assessed by the court at ten (10) years.

The indictment, presented on February 7, 1973, alleged the appellant possessed heroin “on or about the 15th day of December, A.D., 1972,” and further alleged he had been previously convicted of assault with intent to commit murder with malice and forgery. At the time he entered his plea of guilty before the court, the State waived and abandoned the prior convictions alleged for enhancement of punishment.

Court-appointed counsel on…