Richardson v. State

OPINION

BENAVIDES, Justice.

This is an appeal from a jury conviction for engaging in organized criminal activity, i.e., the delivery and distribution of marihuana in an amount exceeding 200 pounds, but less than 2,000 pounds. The court assessed punishment at ten years’ imprisonment, probated. Appellant presents six points of error for review. After careful consideration, we have determined the judgment must be reversed.

By his second point of error, appellant contends the trial court “abused its discretion in failing to grant [his] Motion for New Trial” when it discovered that the indictment had…