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ARMENDARIZ v. STATE

No. 50508.

529 S.W.2d 525 (1975)

Jose ARMENDARIZ, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

November 12, 1975.

Attorney(s) appearing for the Case

Jay L. Nye, El Paso, for appellant.

Steve W. Simmons, Dist. Atty., John P. Bradford, Asst. Dist. Atty., El Paso, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

DAVIS, Commissioner.

Appeal is taken from a conviction for possession of heroin. Punishment, enhanced under the provisions of V.T.C.A. Penal Code, Sec. 12.42(d), was assessed at life.

The indictment alleged the primary offense occurred on or about April 6, 1974, and the record reflects that trial was in October, 1974.

Appellant contends that V.T.C.A. Penal Code, Sec. 12.42(d) "is being selectively applied by the District Attorney...

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