OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW ONION, Presiding Judge. Appellant was found guilty by a jury of the offense of unlawful delivery of marihuana. The trial court assessed the punishment at five years’ imprisonment. The conviction was based on a violation of the Texas Controlled Substances Act, Article 4476-15, § 4.05(a) and (b)(3), V.A.C.S. (as amended in 1981). 1</footnotem…
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