Gonzales v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

ONION, Presiding Judge.

This is an appeal from a conviction for delivery of marihuana of more than one-fourth ounce. Punishment, enhanced by one prior felony conviction alleged and *48proved, was assessed by the jury at 11 years in the Department of Corrections.

Appellant perfected an appeal to the Austin Court of Appeals. The cause was transferred to the Beaumont Court of Appeals by order of the Supreme Court of Texas.

The Beaumont Court of Appeals sustained appellant’s first ground of error holding the trial court erred in overruling his motion…