Reyes v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

BAIRD, Judge.

Appellant was convicted of possession of marihuana in excess of four ounces and less than five pounds pursuant to Tex. Health and Safety Code Ann. § 481.121. The jury assessed punishment at eonfinement for life. Tex.Penal Code Ann. § 12.-42(d). The Court of Appeals affirmed. Reyes v. State, No. 14-90-00813-CR, 1991 WL 162835 (Tex.App.—Houston [14th Dist.], delivered August 22, 1991) (not published). We granted appellant’s petition for discretionary review. We will reverse.

I

The indictment alleged the primary offense of…