(dissenting).
I concur in the opinion by Judge Gupton on the basis of Sappington v. State, 508 S.W.2d 840 (Tex.Cr.App.1974).1
The judgment should be affirmed.
. The dissent in that case was because it followed Ex parte Giles, 502 S.W.2d 774 (Tex.Cr.App.1973), in holding that part of Section 6.01 of the Controlled Substances Act, Article 725f, V.A.P.C., Acts 1973, to be unconstitutional and this writer did not agree.