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DANIELS v. STATE

No. 767-84.

754 S.W.2d 214 (1988)

James E. DANIELS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

June 1, 1988.

Attorney(s) appearing for the Case

Charles M. Hineman, on appeal only, Austin, for appellant.

Louis Crump, Dist. Atty., San Saba, Sam Oatman, Asst. Dist. Atty., Llano, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

ONION, Presiding Judge.

Appellant was found guilty by a jury of the offense of unlawful delivery of marihuana. The trial court assessed the punishment at five years' imprisonment. The conviction was based on a violation of the Texas Controlled Substances Act, Article 4476-15, § 4.05(a) and (b)(3), V.A.C.S. (as amended in 1981).1

On appeal, inter alia, the appellant...

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