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Herman P. Gullatt, Jr v. the State of Texas

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OPINION

Appellant was convicted by a jury of the felony offense of possession of methamphetamine in an amount of over 1 gram but less than 4 grams with intent to deliver. TEX. HEALTH & SAFETY CODE ANN. § 481.112(a), (c) (West 2010). The State also alleged that appellant had two prior felony convictions. TEX. PENAL CODE ANN. § 12.42(d) (West 2011). Appellant pled true to these enhancement allegations. Following a punishment hearing, the trial court found the enhancement paragraphs to be true and assessed appellant’s punishment at 60 years in prison. Appellant appeals.

In eight issues, appellant complains that the evidence was both legally and factually insufficient, trial counsel rendered ineffective assistance, the drug evidence should have been suppressed, the jury should have been instructed on the legality of the search, the trial court improperly amended the indictment, the jury’s verdict improperly convicted appellant of an offense not charged and that he was denied his right to a speedy trial and even to present evidence regarding his speedy trial motion. We overrule these issues and affirm the conviction.

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