WHALEY v. STATE

No. 365-84.

717 S.W.2d 26 (1986)

Jimmy Rex WHALEY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

July 2, 1986.


Attorney(s) appearing for the Case

Ward Casey, Fort Worth, for appellant.

Brock Smith, Dist. Atty., and Patrick Morris, Asst. Dist. Atty., Decatur, Robert Huttash, State's Atty., Austin, for State.

Before the court en banc.


OPINION ON STATE'S AND APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

WHITE, Judge.

Appellant was convicted in a jury trial of delivery of less than twenty-eight (28) grams of hydromorphone and delivery of five pounds or less, but more than four ounces of marihuana. These allegations were contained in a single indictment. See Art. 4476-15, Secs. 4.03(b) and 4.05(b)(4), V.A.C.S.

At the punishment phase of the trial the jury found the enhancement allegations...

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