Benavides v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

Appeal is taken from a conviction for possession of marihuana in a quantity of 'more than five pounds and less than fifty pounds. Appellant was convicted in a trial before the Court following a plea of guilty, and punishment was assessed at four years. Appellant’s conviction was affirmed by the Court of Appeals. Benavides v. State, 652 S.W.2d 464 (Tex.App.—Houston [1st] (1983).

In his first ground of error, appellant maintains that the statute under which he was convicted is unconstitutional. Appellant contends that the caption of H.B.…