Gobin v. State

OPINION ON MOTION FOR REHEARING

JORDAN, Justice.

On the State’s motion for rehearing, we have withdrawn our former opinion in this case and substitute the following as the opinion of the court.

Appellant Gobin was convicted by a jury on three counts of delivery of a controlled substance, amphetamine less than 200 grams. See Act of May 29, 1981, ch. 268, sec. 3, 1981 Tex.Gen.Laws 696, 697-98, amended by Act of June 17, 1983, ch. 425, sec. 6, 1983 Tex.Gen.Laws 2361, 2373-74 (presently contained in TEX.REV.CIV. STAT.ANN. art. 4476-15, sec. 4.03 (Vernon Supp.1985)). He received a punishment of three…