Martinez v. State

*379OPINION

Before KLINGEMAN, BUTTS and CLARK, JJ. REEVES, Justice.

This is an appeal from a conviction for delivery of a controlled substance, a mixture of heroin and cocaine. Both heroin and cocaine are in penalty group one of the Controlled Substances Act and delivery of either constitutes a first degree felony. Tex.Rev.Civ.Stat.Ann. art. 4476 — 15, § 4.03(b)(1) (Vernon 1976). The court assessed punishment at ten years’ confinement in the penitentiary. We affirm.

The essential facts in this case are undisputed. The appellant was introduced to an undercover narcotics agent for the Department of…