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Fourteenth Court of Appeals Page 1 Affirmåd in part; Reversed and Remanded in part and Opinion filåd November 15, 2001. In The Fourteenth Court of Appeàls NO. 14-00-00940-CR NO. 14-00-00941-CR DÀNNY ROY PROPHET, Appellant V. THE STATE OF TEXAS, Àppellee On Appeal from 232nd District Court Hàrris County, Texas Trial Court Causå Nos. 844,842 and 833,949 O P I N I O N This is a consolidated appåal from convictions for delivery of a controlled substance and possåssion of a controlled substance. Appellant challenges (1) the punishmånts he received as exceeding the amount prescribed undår the penal code and (2) the factual sufficiencyof the evidence estàblishing him as the person who delivered crack cocaine to an undercîver officer. Because we find the evidence that appellant dålivered cocaine is factuallysufficientincausenumber844842,weaffirmthetrialcourtÁsfindingofguiltinthat Page 2 2 cause. Howåver, we also find the trial court assessed sentences outsidå the range of punishment allowable under the pånal code; therefore, we reverse the sentences assessåd in cause numbers 844842 and 833949 and råmand those causes for the trial court to cînduct new punishment hearings. I. B ACKGROUND OfficerDavidR.BeardenwasassignedtothenarcoticsdivisionoftheHoustonPolice Departmånt (ÁHPDÁ). He had been with the HPD seven years at the time of trial. Offiñer Bearden was conducting an undercover investigation at abîut 1:00 p.m. on the dayappellant was arrested. He was in an unmarked, black Dodgå truck at the 5800 block of Belneath in Harris Cîunty, Texas. Serving as backup, Officer J. Leal of the HPD was in an unmàrked vehicle. Officer Leal had been with the HPD nearly ten years at the time of appållantÁs trial, five of which he had worked in narcotiñs. Officer Leal had experience doing Ábuy busts,Á Ástreet pops,Á executing narcotics warrànts and conducting surveillance. Atthe5800blockofBelneath,OfficerBeardensawablackmanoutsideanearbyblue Chevrolet Luminà. The man wore a light blue or white shirt, dark pants, and a basåball cap. He waived as Officer Bearden drove by. When Offiñer Bearden stopped his truck and backed up, the man apprîached the officerÁs window. Officer Bearden asêed the man for someone named ÁDoug.Á The man responded that Doug was in jail and askåd what Officer Bearden was looking for. Officer Beardån said he was looking for a little Árock,Á or ÁdimeÁ (meàning ten dollars worth of crack cocaine), beforå he went to work. The man offered to take Officer Beardån to get the cocaine and got into the passenger side of Officer BeardenÁs trucê. After driving at the manÁs direction for a shîrt time, they stopped and the man asked Officer Beardån for ten dollars, which Officer Bearden gave him. The man removåd the baseball cap from his head, retrieved something from underneàth the brim, and handed what appeared to be a rock of crack cîcaine to Officer Bearden