Tate v. State

OPINION

WEAVER, Chief Justice.

Appellant, Kerry Dwayne Tate, was convicted by a jury of the offense of delivery of a controlled substance, to-wit: methamphetamine of less than twenty-eight grams. See former TEX.REV.CIV.STAT.ANN. art. 4476-15, secs. 4.03(a) & (b) and 4.02(b)(4) & (6) (Vernon Supp.1989) (now codified at TEX. HEALTH & SAFETY CODE ANN. secs. 481.112(a) & (b) and 481.102(4) & (6) (Vernon Pamph.1990)). Appellant pled true to two enhancement allegations, and the jury assessed punishment at forty-five years confinement in the Texas Department of Corrections.1 See TEX.PENAL CODE ANN.…