Garza v. State

OPINION

NYE, Chief Justice..

A jury found appellant, Benito Garza, guilty of unlawful delivery of more than one-fourth ounce, but not more than four ounces, of marihuana. The jury assessed punishment at ten years’ confinement in the Texas Department of Corrections, plus a $2,500.00 fine, together with all costs of court. We affirm the conviction.

By his first point of error, appellant maintains that the indictment in this cause is “fatally defective” because it fails to state what controlled substance was delivered to Wayne Kirkendol. The appellate record does not contain a motion to quash,…