Thomas v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

CAMPBELL, Judge.

On April 13, 1989, appellant, Roy George Thomas, was convicted of delivery of cocaine of less than twenty-eight grams. Tex.Rev.Civ.Stat. art. 4476-15. 1 Punishment was enhanced by proof of a prior felony conviction, and the jury assessed punishment at forty years imprisonment. The Ninth Court of Appeals reversed and ordered a judgment of acquittal. Thomas v. State, 817 S.W.2d 846 (Tex.App.-Beaumont 1991). We granted the State’s petition for discretionary review, pursuant to Tex.R.App.Pro. 200(c)(1) and (3), to determine…