McGee v. State

689 S.W.2d 915 (1985)

Don Carlos McGEE, Appellant,

v.

STATE of Texas, Appellee.

No. C14-83-105-CR.

Court of Appeals of Texas, Houston Fourteenth District.

March 28, 1985.

Rehearing Denied May 16, 1985.

Stephen G. Schulz, Galveston, for appellant.

Miguel Martinez, Dist. Atty., Houston, for appellee.

Before JUNELL, MURPHY and SEARS, JJ.

OPINION

JUNELL, Justice.

Appellant was convicted of delivery of less than 200 grams of a controlled substance, Pentazocine, under Tex.Rev.Civ. Stat.Ann. art. 4476-15 §§ 4.02(d)(4)(U), 4.032(b) (Vernon Supp.1985). His sentence was enhanced by one prior felony conviction, and…