Turnipseed v. State

OPINION

DALLY, Judge.

The appellants were separately indicted for the offense of delivery of cocaine, a controlled substance. In a consolidated trial, each was convicted on his plea of guilty before the jury. The appellant Turnip-seed’s punishment was assessed at imprisonment for twenty years. The appellant Howard’s punishment was assessed at imprisonment for seven years; imposition of her sentence was suspended and she was placed on probation.

The appellants initially contend that each indictment is fundamentally defective for failure to specify why cocaine falls within a penalty group of the…