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Hernandez v. State

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ON REMAND FROM THE COURT OF CRIMINAL APPEALS

We previously affirmed both the conviction and sentence of appellant Ricky Hernandez for possession of more than four grams but less than 200 grams of cocaine with intent to deliver. See Hernandez v. State, 13 S.W.3d 492 (Tex.App.–Amarillo 2000). On discretionary review, the Court of Criminal Appeals determined that we applied an improper harm analysis in considering the effect of evidence erroneously admitted during the punishment phase of trial. See Hernandez v. State, 60 S.W.3d 106 (Tex.Crim.App. 2001). In accordance with the opinion of the Court of Criminal Appeals, we reconsider the effect of the evidence on appellant’s punishment.

Appellant was convicted for being in possession of more than four grams but less than 200 grams of cocaine with intent to deliver on August 10, 1997. The jury assessed his punishment at confinement for 25 years and a $6,000 fine.

 
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