Myles v. State

CORRECTED OPINION

ANDERSON, Justice.

We withdraw the opinion issued October 31, 1996 in this consolidated appeal and substitute the following opinion in its place.

In two causes consolidated for trial, appellant entered a plea of not guilty to the offense of aggravated possession of a controlled substance, Tex Health & Safety Code Ann. § 481.115(d) (Vernon 1992), 1 and to the offense of failure to pay a controlled substance tax. Tex. Tax Code Ann. § 159.201 (Vernon 1992). A jury found appellant guilty of both charges, and assessed punishment for the possession offense at thirty-five years…