OCHOA v. STATE

No. 45959.

492 S.W.2d 576 (1973)

Robert S. OCHOA, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

April 11, 1973.


Attorney(s) appearing for the Case

Billy J. Wilkinson, San Antonio, for appellant.

Ted Butler, Dist. Atty., Charles Conaway, F. G. Rodriguez and Antonio G. Cantu, Asst. Dist. Attys., San Antonio, Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.


OPINION

MORRISON, Judge.

The offense is the sale of heroin; the punishment, forty (40) years.

Appellant's first ground of error relates to former jeopardy. This is appellant's second trial. Appellant was first tried under an indictment charging him with possession of heroin in one count and sale in another. The State abandoned the sale count before appellant's plea to the indictment at the trial and proceeded on the possession charge. Appellant was...

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