James Alan Davenport v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-07-00276-CR

James Alan Davenport, Appellant

v.

The State of Texas, Appellee

FROM THE DISTRICT COURT OF LLANO COUNTY, 33RD JUDICIAL DISTRICT

NO. 4922, HONORABLE WILLIAM E. BENDER, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

A jury found appellant James Alan Davenport guilty of delivering more than four ounces but less than five pounds of marihuana, a state jail felony. See Tex. Health & Safety Code Ann. § 481.120(a), (b)(3) (West 2003). After finding that appellant had two previous felony convictions, the jury assessed his punishment at…