Soto v. State

ON MOTION FOR REHEARING

EARL W. SMITH, Justice.

Our prior opinion in this appeal is withdrawn and the following is substituted in lieu thereof.

Appellant was indicted for the offense of delivery of heroin on October 17, 1978. He waived a jury and trial was before the court on his plea of not guilty. Evidence in this case consisted of properly stipulated testimony, along with the testimony of appellant. Having heard the evidence, the trial court adjudged appellant guilty of the offense of delivery of heroin as charged and assessed his punishment at confinement in the Texas Department of…