Herrera v. State
Court of Appeals of Texas
1Opinion of the Court
OPINION
CATHERINE STONE, Justice.
On April 28, 1999, the Texas Court of Criminal Appeals granted the State’s petition for discretionary review and remanded the case so that this Court might reconsider appellant’s contentions in light of the recent decisions in Ditto and Ervin. See Ditto v. State, 988 S.W.2d 236 (Tex.Crim.App.1999) (consolidated with Ervin v. State). We withdraw our opinion and judgment of October 28, 1998, and affirm in part and dismiss for lack of jurisdiction in part.
Factual and PROCEDURAL History
On July 13, 1992, Herrera pled guilty to the offense of delivery of heroin. In…