Hamilton v. State

OPINION

MORRISON, Judge.

The offense is possession of heroin; the punishment, life.

Appellant’s first ground of error is that the trial court erred in not quashing the enhancement paragraphs of the indictment. Following the jury verdict finding appellant guilty, the issue of punishment was submitted to the court pursuant to Art. 37.07, subd. 2(b), Vernon’s Ann.C.C.P., and the State waived the enhancement paragraphs of the indictment. Since such paragraphs were not read to the jury, and therefore could not have prejudiced appellant as regards the jury’s verdict, and since the punishment assessed…