Leos v. State

OPINION ON APPELLANT’S PETITION FOB DISCRETIONARY REVIEW

MALONEY, Judge.

Appellant was convicted by a jury of conspiracy to possess more than 50 but less than 200 pounds of marijuana, Tex.Health & Safety Code Ann. § 481.121 (Vernon 1992), and the jury assessed punishment at 65 years confinement in the Institutional Division of the Texas Department of Criminal Justice. The Court of Appeals affirmed. Leos v. State, 847 S.W.2d 665 (Tex.App.— Texarkana 1993). 1 We granted appellant’s petition for discretionary review to determine whether the Court of Appeals erred in failing to apply the pre-rules…