Durham v. State

OPINION

DOUGLAS, Judge.

This is an appeal from a conviction for the possession of marihuana. The jury, after appellant entered a plea of guilty, assessed the punishment at eight years.

The record reflects that an undercover agent purchased a “baggie” of manicured marihuana, enough to make 25 or 30 cigarettes, from the appellant, who at the time said that he would have pounds or kilos of marihuana later if the agent was interested.

When a defendant enters a plea of guilty before a jury all of the elements of the offense are admitted. Proof is offered so that the jury may have evidence solely for…