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WILSON v. STATE

No. 50298.

525 S.W.2d 30 (1975)

Don Henry WILSON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

July 9, 1975.

Attorney(s) appearing for the Case

Robert Everett L. Looney and Duncan F. Wilson, Austin, for appellant.

Robert O. Smith, Dist. Atty., David A. Sheppard, Asst. Dist. Atty., Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

GREEN, Commissioner.

Appellant plead guilty, and was convicted of unlawful possession of a usable quantity of marihuana of more than four ounces. Punishment was assessed at two years. The offense occurred January 16, 1974.

Appellant's sole ground of error is:

"The trial court erred in its judgment of sentence in that the penal provisions of The Texas Controlled Substances Act under which appellant was convicted are unconstitutional...

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