Peterson v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

Appellant was convicted by a jury of delivery of less than one fourth ounce of marihuana. TEX.REV.CIV.STAT.ANN., Art. 4476-15 Sec. 4.05(b)(2). Punishment was assessed by the trial court at six months (work release) in the county jail, and a $1000.00 fine. The San Antonio Court of Appeals, in a published opinion, reversed appellant’s conviction. Peterson v. State, 732 S.W.2d 22 (Tex.App.-San Antonio, 1987).

We granted the State Prosecuting Attorney’s petition for discretionary review to examine the holding of the Court of Appeals. After…