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COLEMAN v. STATE

No. 09-02-527 CR.

115 S.W.3d 750 (2003)

David Joseph COLEMAN, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Beaumont.

Decided August 27, 2003.

Attorney(s) appearing for the Case

Kevin Laine, Beaumont, for appellant.

Tom Maness, Criminal District Attorney, Wayln G. Thompson, Assistant Criminal District Attorney, Beaumont, for state.

Before McKEITHEN, C.J., BURGESS and GAULTNEY, JJ.

OPINION

STEVE McKEITHEN, Chief Justice.

A jury found David Joseph Coleman to be guilty of delivery of a controlled substance by actual transfer, and assessed punishment at two years of confinement in the Texas Department of Criminal Justice, State Jail Division, and a $5,000 fine. Coleman raises two issues on appeal. We affirm the judgment for the reasons stated below.

Issue one contends that a fatal variance exists between the charging instrument...

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