Moya v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

ODOM, Judge.

Appellant was convicted of unlawful delivery of a controlled substance. Punishment was assessed at 15 years and a fine of $10,000. The Court of Appeals affirmed the conviction. Moya v. State, 663 S.W.2d 680 (Tex.App.1983). We granted appellant’s petition for review to consider the ground of error complaining of denial of the motion to quash the indictment.

The indictment alleged delivery of a quantity of cocaine “of more than 28 grams but less than 200 grams” on June 9, 1982. This quantity would have constituted aggravated…