No. 09-01-144 CR.

65 S.W.3d 810 (2002)

Jarvis Duran LOVELADY, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Beaumont.

Decided January 16, 2002.

Attorney(s) appearing for the Case

Clinard J. Hanby, Woodlands, for appellant.

Michael A. McDougal, Dist. Atty., Mike Sieler, Dan P. Bradley, Asst. Dist. Attys., Conroe, for state.



RONALD L. WALKER, Chief Justice.

Jarvis Duran Lovelady pleaded guilty without a plea bargain to possession of a controlled substance. The trial court assessed punishment and sentenced Lovelady to five years' confinement in the Texas Department of Criminal Justice, Institutional Division. Lovelady appeals claiming the trial court erred in assessing punishment because the indictment and the evidence support only a state jail felony.

The indictment...

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