McCarter v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

BAIRD, Judge.

A jury found appellant guilty of delivery of a controlled substance pursuant to Tex. Health & Safety Code ann. § 481.112. The trial judge assessed punishment at 15 years confinement. Tex.Health & Safety Code ann. § 481.106. The Court of Appeals affirmed. McCarter v. State, No. 11-90-029-CR (Tex.App. — Eastland, delivered June 20, 1991) (not published). Appellant presents two grounds for review. We will reverse.

I

In his first ground for review appellant contends the Court of Appeals erred by holding the trial judge did not…