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John Alexander Lopez v. the State of Texas

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OPINION

John Lopez appeals his conviction for possession with intent to deliver methamphetamine, a controlled substance, between four and two-hundred grams. Both phases of trial were tried to the court, and Appellant was sentenced to 5 years’ imprisonment. On appeal, he raises two issues in which he contends the trial court violated the requirements of Articles 1.13 and 1.15 of the Texas Code of Criminal Procedure by conducting a non-jury trial. Affirmed.

Appellant was indicted on March 27, 2009, for two counts of possession of methamphetamine with the intent to deliver, more than four grams, but less than two hundred grams. Initially, the Honorable Judge Mike Thomas, of Tarrant County’s Criminal District Court Number Four, presided over the case. On April 30, 2009, Judge Thomas acknowledged the State’s plea bargain offer, which recommended a sentence of eight years’ imprisonment in exchange for Appellant’s guilty plea.

 
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