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BARKER v. STATE

No. 09-95-307 CR.

935 S.W.2d 514 (1996)

James Albert BARKER, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Beaumont.

Rehearing Overruled January 24, 1997.

Attorney(s) appearing for the Case

Jack McCormick, Conroe, for appellant.

Daniel Rice, District Attorney, Gail Kikawa McConnell, Assistant District Attorney, Conroe, for appellee.

Before WALKER, C.J., and BURGESS and STOVER, JJ.

OPINION

WALKER, Chief Justice.

A jury convicted appellant for having committed the felony offense of Possession of Marijuana [in an amount greater than five pounds but not more than fifty pounds]. Three enhancement allegations in the indictment raised appellant's punishment exposure to that of a habitual offender. TEX. PENAL CODE ANN. § 12.42(d) (Vernon Supp.1994).1 Appellant pleaded true to said enhancement allegations...

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