Luna v. State

OPINION

DOUGLAS, Judge.

This is an appeal from a conviction for sale of heroin. The court assessed punishment at ten years.

The facts show that on February 19, 1970, appellant sold heroin to Officer Edward Hernandez, Jr., an undercover agent for the Lubbock Police Department.

The sufficiency of the evidence is not challenged.

Initially, appellant contends that the trial court erred in overruling his motion to dismiss this cause and his plea of “former jeopardy.”

Appellant argues that because he had previously been convicted in Cause No. 12,598 in the District Court of Lubbock County for a sale of…