MALBROUGH v. STATE

No. 01-92-00581-CR.

846 S.W.2d 926 (1993)

Lonnie Ray MALBROUGH, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Discretionary Review Refused April 14, 1993.


Attorney(s) appearing for the Case

Beth McGregor, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty., Kimberly Aperauch Stelter, Lori Swann, Asst. Dist. Attys., Houston, for appellee.

Before DUGGAN, O'CONNOR and HEDGES, JJ.


OPINION

DUGGAN, Justice.

A jury found appellant guilty of possession of a controlled substance and assessed his punishment, enhanced by two prior felony convictions, at 68-years confinement. We affirm.

In a single point of error, appellant asserts "[t]he jury improperly reached its punishment by a mathematical method and not a fair and full expression of opinion."

A new trial for an accused is mandatory "[wjhere the verdict has been decided...

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