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ANCIRA v. STATE

No. 48935.

516 S.W.2d 924 (1974)

Benito ANCIRA, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

December 18, 1974.

Attorney(s) appearing for the Case

M. N. Garcia, Austin, for appellant.

Jim D. Vollers, State's Atty., and Larry Gist, Asst. State's Atty., Austin, for the State.

OPINION ON APPELLANT'S MOTION FOR REHEARING

DAVIS, Commissioner.

Appeal is taken from a conviction for possession of heroin. Trial was before the court upon a plea of not guilty. Punishment was assessed at five (5) years.1

On original submission, judgment was affirmed in a per curiam opinion reciting that "there is no showing that the appellate brief was filed in the trial court as required by Article 40.09, Section 9...

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