Ex parte Hernandez

OPINION

On November 29, 1983, applicant pled guilty to the offense of unlawful delivery of a controlled substance (penalty group I). The trial court assessed punishment at fifteen years confinement and a fine of $620.00. Some two months earlier, on September 14, 1983, this Court had held unconstitutional House Bill 730, which was passed by the Legislature in 1981 and purported to amend the Texas Controlled Substances Act, V.A.C.S., Art. 4476-15. Ex parte Crisp, 661 S.W.2d 944 (Tex.Cr.App.1983). Under that holding the Controlled Substances Act stood as though H.B. 730 had never been enacted.…