Fuentes v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

WHITE, Judge.

This is an appeal from a conviction of possession with intent to deliver cocaine under Article 4476-15, sec. 4.03(d)(3), V.A. C.S. The trial court assessed punishment at seven years’ imprisonment.

On appeal the appellant contends that the trial court erred in failing to sustain his motion to dismiss, because the statute upon which the prosecution was based is unconstitutional, failing to sustain his motion to suppress and erred in accepting his plea of nolo contendere conditioned upon his right to appeal matters raised by…