De La Paz v. State

OPINION

BARAJAS, Chief Justice.

This is an appeal from a conviction for the offense of possession of heroin, enhanced by the allegation of two prior felony convictions. The jury, upon finding Appellant guilty, assessed punishment at 60 years’ confinement in the Institutional Division of the Texas Department of Criminal Justice. We affirm in part, reverse in part, and remand this cause to the trial court for new sentencing proceedings.

I. SUMMARY OF THE EVIDENCE

The record in the instant case reveals that on Sunday, June 4, 1989, at approximately 9:00 a.m., Joseph Anthony Barragan, an officer with…