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HOWELL v. STATE

No. 2-93-454-CR.

906 S.W.2d 248 (1995)

Steven W. HOWELL, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled October 12, 1995.

Attorney(s) appearing for the Case

Elizabeth Horan and J. Rex Barnett, Fort Worth, for appellant.

Tim Curry, Criminal District Attorney; Betty Marshall and Charles M. Mallin, Assistant Chiefs of the Appellate Section; Helena F. Faulker, Peter Keim, and Jason Schuette, Assistant Criminal District Attorneys, Fort Worth, for State.

Before CAYCE, C.J., LIVINGSTON, J., and PATRICE M. BARRON, (Former Justice) (sitting by assignment).

OPINION

CAYCE, Chief Justice.

Appellant Steven W. Howell was convicted by a jury of possession of a controlled substance, namely cocaine, of less than twenty-eight grams, including any adulterants and dilutants.1 See Tex. Health & Safety Code Ann. §§ 481.115(a), 481.002(38), 481.102(3)(D) (Vernon 1992). After Howell pled "true" to one enhancement allegation and three habitual allegations, the court assessed...

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