Garza v. State

OPINION ON STATE’S MOTION FOR REHEARING

TOM G. DAVIS, Judge.

Appeal is from conviction for delivery of heroin. The jury assessed punishment at 35 years. Upon original submission the panel reversed the conviction and dismissed the indictment holding that the trial court erred by denying appellant’s motion to quash the indictment for failure to specify manner of “delivery.”1

In its motion for rehearing the State contends that appellant filed no motion to quash the indictment. Appellant was tried jointly with codefendant Aaron Ferguson. At trial appellant was represented by the Honorable John J.…