Shirley Richter Benoit, Appellant v. the State of Texas, Appellee

Summary

The Court held that the indictments for delivery of codeine and diazepam were fatally defective because they failed to allege the applicable penalty group or offense, reversing those convictions and ordering dismissals, while affirming the convictions for pentazocine and the revocation of probation. The Court also rejected claims of ineffective assistance of counsel and procedural errors, and noted a dissent arguing the codeine indictments did allege a felony.