Antonio Quesada v. State

OPINION

Opinion by

PHYLIS J. SPEEDLIN, Justice.

Antonio Marcelo Quesada appeals his conviction and sentence for possession of marijuana, arguing that the trial court erred in submitting the jury charge on punishment. We reverse and remand for a new trial on punishment.

BACKGROUND

A jury found Quesada guilty of misdemeanor possession of marijuana, four ounces or less but more than two ounces. Tex. Health & Safety Code Ann. § 481.121(a), (b)(2) (Vernon 2003). Such an offense is á Class A misdemeanor punishable by: “(1) a fíne not to exceed $4,000; (2) confinement in jail for a term not to exceed one…