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HERRERA v. STATE

No. 48831.

513 S.W.2d 71 (1974)

Raul HERRERA and Antonio Raymon Nichols, Appellants, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied September 18, 1974.

Attorney(s) appearing for the Case

Knox Jones and Roberto J. Yzaguirre, McAllen, for appellant.

Oscar McInnis, Dist. Atty., and Thomas P. Berry, Asst. Dist. Atty., Edinburg, Jim D. Vollers, State's Atty. and Larry Gist, Asst. State's Atty., Austin, for the State.

OPINION

JACKSON, Commissioner.

On May 22, 1973, both appellants entered pleas of guilty, after waiving trial by jury, to the offense of possession of a narcotic drug, to-wit, marihuana, which occurred on January 26, 1972. The punishment for Herrera was four (4) years, and for Nichols, three (3) years. They were so sentenced on June 4, 1973.

It is the contention of appellants that Art. 725b, Vernon's Ann...

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