Westfall v. State

OPINION

NYE, Chief Justice.

This is an appeal from a conviction of delivery by actual transfer to a specified narcotics investigator a controlled substance, to-wit: cocaine.

On April 4, 1983, appellant pled not guilty to the charge in the indictment and was tried before a jury together with co-in-dictee, Michael A. Funk. Appellant was found guilty as charged in the indictment, and punishment was assessed by the jury at ten (10) years confinement in the Texas Department of Corrections and a fine of $5,000.00. 1 On the jury’s recommendation, the trial court probated both the fine and imprisonment.…