State v. Gonzalez

Appellee, Rolando Gonzalez, pled guilty to three felony charges of delivery of marihuana. See Tex. Health & Safety Code § 481.120. Punishment was assessed by the trial court at probation for five years for one of the offenses, and imprisonment for three years for the other two. Appel-lee later filed a motion for new trial, which the trial court granted after a hearing. The State appealed the granting of the motion, but the Fifth Court of Appeals affirmed the order of the trial court. State v. Gonzalez, 820 S.W.2d 9 (Tex.App.-Dallas 1991). We granted the State’s petitions 1 for discretionary…