Spivey v. State

ON MOTION FOR REHEARING

WARREN, Justice.

Our original opinion of April 2, 1987 is withdrawn and the following opinion is substituted in its stead.

A jury found appellant guilty of delivery of marihuana in an amount not exceeding four ounces, found one enhancement paragraph true, and assessed punishment at 12 years confinement.

Melvin Ray Avery, a narcotics investigator with the Texas Department of Public Safety, testified that on September 4,1984, he bought marihuana from appellant. The substance appellant allegedly delivered to Avery was identified as marihuana by a chemist from the Department…