Martinez v. State

OPINION

BRIGHAM, Justice.

I. BACKGROUND

Appellant pleaded guilty to possession of more than five pounds and less than fifty pounds of marijuana, but pleaded not true to the enhancement paragraph in the indictment and elected to try his punishment to a jury. If true, the enhancement paragraph raised Appellant’s possible punishment range from a third degree felony to a second degree felony. See Tex. Penal Code Ann. § 12.42(a)(3) (Vernon Supp.1998). The jury found the enhancement allegation to be true and sentenced Appellant to 15 years’ incarceration and a fine of $10,000.

The charge instructed the…