TATE v. STATE

No. 1042-90.

811 S.W.2d 607 (1991)

Kerry Dwayne TATE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

June 26, 1991.


Attorney(s) appearing for the Case

Jess N. Turner, III, Graham, for appellant.

John A. Neal, Dist. Atty., Graham, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.


OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

MILLER, Judge.

Appellant was convicted of delivery of a controlled substance, to-wit: methamphetamine of less than 28 grams. V.A.C.S. Art. 4476-15, § 4.03 (repealed). Now see V.T.C.A. Health 481.112. Appellant pled "true" to two enhancement allegations, and the jury assessed his punishment at 45 years confinement in the Texas Department of Corrections.1 On direct appeal...

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