Gonzales v. State

COUNTISS, Justice.

A jury convicted appellant of delivery of more than four ounces and less than five pounds of marihuana, art. 4476-15, § 4.05(a), Tex.Rev.Civ.Stat.Ann. (Yernon Supp.1982), and assessed his punishment at three years confinement in the penitentiary. Art. 4476-15, § 4.05(b)(4), Tex.Rev.Civ. Stat.Ann. (Vernon Supp.1982); Tex.Penal Code Ann. § 12.33 (Vernon 1974). He attacks the conviction by five grounds of error. We reverse and remand.

We will initially resolve appellant’s first ground, by which he attacks the constitutionality of the statute under which he was convicted.…