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LOPEZ v. STATE

No. 44417.

474 S.W.2d 196 (1971)

Nicolas M. LOPEZ, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

December 21, 1971.

Attorney(s) appearing for the Case

Warren Weir, San Antonio, for appellant.

Ted Butler, Dist. Atty., Lucien B. Campbell, Asst. Dist. Atty., San Antonio, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

DOUGLAS, Judge.

This is an appeal from a conviction for the possession of narcotics paraphernalia as denounced by Article 725b, Section 2A, Vernon's Ann.P.C. After the verdict of guilty, the court assessed the punishment at twelve years.

The appellant contends that the prosecutor improperly proved an extraneous offense before the jury and that the punishment assessed was cruel and unusual.

Officer Jose Losoya testified that while...

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