(dissenting).
I dissent from the reversal of the conviction because of the insufficiency of the evidence. See Denny and Forfar v. State, Tex.Cr.App., 473 S.W.2d 503, original opinion, and the dissent in Williams v. State, Tex.Cr.App., 498 S.W.2d 340.
*930The appellant has filed a motion to abate the appeal. I would grant the motion and abate the appeal so that appellant might be resentenced under the Texas Controlled Substances Act, Article 6.01(c), V.A.P.C., for the reasons set out in the dissenting opinions in Ex parte Giles, Tex.Cr.App., 502 S.W.2d 774, and Dullnig v. State, 504 S.W.2d 495 (1974).