Spurgers v. State

OPINION

DALLY, Judge.

This is an appeal from a conviction for the delivery of marihuana. The punishment is imprisonment for three years.

The appellant asserts that the judgment is not supported by sufficient evidence. To support a felony conviction for the delivery of marihuana there must be proof that either remuneration was received or that more than one-fourth ounce was delivered. Suarez v. State, 532 S.W.2d 602 (Tex.Cr.App.1976); Gonzales v. State, 530 S.W.2d 570 (Tex.Cr.App.1975). Here it was stipulated that only .10 ounce of marihuana was delivered. So we must examine the evidence to…