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CALLOWAY v. STATE

No. 09 83 004 CR.

700 S.W.2d 3 (1984)

Carl Lee CALLOWAY, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Beaumont.

Rehearing Denied May 17, 1984.

Petition for Discretionary Review Granted March 27, 1985.

Attorney(s) appearing for the Case

W.E. Harper, Beaumont, for appellant.

John R. DeWitt, Asst. Crim. Dist. Atty., Beaumont, for appellee.

OPINION

BROOKSHIRE, Justice.

Appellant was indicted for the offense of Aggravated Possession of a Controlled Substance, namely, cocaine. Appellant entered his plea of not guilty, and a jury found him not guilty of such offense but found him guilty of the Lesser Included Offense of Possession of a Controlled Substance. The trial court found the enhancement paragraph alleging a prior final conviction for the offense of murder to be true and assessed his punishment...

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