McHenry v. State

OPINION

BAKER, Justice.

The State indicted appellant for conspiracy to possess cocaine in an amount over 400 grams. A jury found appellant guilty. The jury assessed a ninety-nine year sentence and a $100,000 fine. Appellant contends the trial court erred when it: denied his Batson challenge to a peremptory strike by the State; admitted improper expert testimony; and allowed the State to make an improper jury argument during the punishment phase. Appellant also contends the evidence is insufficient to convict because of a fatal variance between the original indictment and the State’s evidence at…