State v. Kersh

OPINION

MAURICE E. AMIDEI, Justice.

Appellee, Phillip Wayne Kersh, was charged with possession of a controlled substance. See Tex. Health § Safety Code Ann. § 481.115(a) (Vernon 1996). He pleaded guilty, the trial court deferred adjudication, and the State subsequently moved to adjudicate guilt. The trial court found appellee guilty and sentenced him. The State brings this appeal, contending the trial court illegally sentenced appellee. We reverse and remand.

Appellee was charged by indictment with possession of a controlled substance, a felony. See id. § 481.115(d). The indictment also…