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JOHNSON v. STATE

Nos. 46664, 46665.

492 S.W.2d 505 (1973)

Mickey JOHNSON, a/k/a Howard Lee Johnston, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

April 11, 1973.

Attorney(s) appearing for the Case

Paul R. Lawrence, Houston, for appellant.

Carol S. Vance, Dist. Atty., James C. Brough and James Larkin, Asst. Dist. Attys., Houston, Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.

OPINION

ONION, Presiding Judge.

These appeals are taken from convictions for sale of lysergic acid diethylamide (LSD). In each indictment there were allegations designed to invoke the provisions of Article 63, Vernon's Ann.P.C., for the purposes of ehnancement. On April 3, 1972, the appellant waived trial by jury and entered a plea of guilty before the court to the primary count in each indictment after the State waived the recidivist allegations in both...

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