Mears v. State

OPINION

ODOM, Judge.

Appellants were convicted of delivery of marihuana; punishment was assessed at three years.

The offense was committed after the effective date of the Controlled Substances Act (Art. 4476-15, Vernon’s Ann.Civ.St.), and the prosecution was predicated upon Section 4.05(d)-(f) of that Act, which provides :

“Sec. 4.05 . . .

“(d) Except as otherwise provided by this Act, a person commits an offense if he knowingly or intentionally delivers marihuana.

“(e) Except as provided in Subsection (f) of this section, an offense under Subsection (d) of this section is a felony of the third…