James v. State

COUNTISS, Justice.

Appellant plead guilty to a charge of delivery of a controlled substance, Tex.Rev. Civ.Stat.Ann. art. 4476-15, §§ 4.02(b), 4.03 (Vernon 1976) (amended 1981), and a jury assessed punishment of ten years in the penitentiary. In this court, he attacks the conviction by three grounds of error, alleging the trial court (1) failed to give the jury a verdict form that would have allowed it to grant probation; (2) improperly restricted his closing argument and (3) erroneously refused to grant a mistrial when the State referred to an extraneous offense. We affirm.

Appellant’s first…