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HERRERA v. STATE

No. 43295.

462 S.W.2d 597 (1971)

Nicholas Ramos HERRERA, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied February 17, 1971.

Attorney(s) appearing for the Case

N. M. Garcia, Austin, for appellant.

Robert O. Smith, Dist. Atty., and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for possession of heroin. The punishment, enhanced under the provisions of Article 63, Vernon's Ann.P.C., by virtue of two prior burglary convictions, was assessed at life.

On October 3, 1968, at approximately 2:30 p. m. Mary Hernandez went to the Austin Police Department where her person and car were searched. Thereafter Sergeant Freudenberg gave her $5.00 with which to purchase...

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