Cude v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

WHITE, Judge.

This is an appeal from a conviction for possession of less than twenty-eight grams of Oxymorphone, a Penalty Group I controlled substance. Appellant pled not guilty in a trial before a jury. The jury, after finding appellant guilty and further finding two enhancement allegations to be true, assessed punishment at thirty years in the Texas Department of Corrections. See V.T.C.A., Penal Code Sec. 12.42(d).

On appeal to the Beaumont Court of Appeals, appellant alleged insufficiency of the evidence and error in denying a motion…