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HERNDON v. STATE

No. 2-88-126-CR.

767 S.W.2d 510 (1989)

Mackel HERNDON, Appellant, v. The STATE of Texas State.

Court of Appeals of Texas, Fort Worth.

April 5, 1989.

Attorney(s) appearing for the Case

Robert J. Kuhn & Associates, and John C. Kuhn, Austin, for appellant.

Tim Curry, Crim. Dist. Atty. and Helen T. Dhooghe Asst. Crim. Dist. Atty., Fort Worth, for State.

Before WEAVER, C.J., and JOE SPURLOCK, II and KELTNER, JJ.

OPINION

JOE SPURLOCK, II, Justice.

Mackel Herndon, appellant, appeals from his conviction by a jury of the offense of aggravated delivery of a controlled substance, amphetamine, of more than 200 grams, but less than 400 grams. Upon appellant's plea of not true, the jury found the State's enhancement paragraphs were true and assessed his punishment at forty-five years in the Texas Department of Corrections.

By a single point of error, appellant urges...

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