Valdez v. State

ON MOTION FOR REHEARING

EARL W. SMITH, Justice.

Appellant’s motion for rehearing is granted. Our original opinion in this cause, dated April 20, 1983, is withdrawn, and this opinion is substituted therefor.

Appellant was indicted for the third degree felony offense of delivery of more than one-fourth ounce of marihuana. Tex. Rev.Civ.Stat.Ann. art. 4476-15, § 4.05 (Supp.1982). For enhancement purposes, the indictment alleged three prior felony convictions. The State abandoned all but the second enhancement paragraph. In a bench trial, appellant pleaded nolo conten-dere to the primary offense and…