State v. Perez

OPINION

RICKHOFF, Justice.

This appeal questions whether the double jeopardy clause prohibits the State from prosecuting under the Texas Controlled Substances Tax Act after prosecuting under the Texas Controlled Substances Act. Appellee, Michael Perez, pled guilty to possession of marijuana and received ten years deferred adjudication. The trial court subsequently dismissed appellee’s indictment for possession of marijuana in violation of the tax act. In three points of error, the State contends the trial court erred in applying the double jeopardy clause to the dismissed indictment. We reverse…