ALVAREZ v. STATE

No. 51177.

536 S.W.2d 357 (1976)

Epifanio ALVAREZ, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

On Rehearing May 19, 1976.


Attorney(s) appearing for the Case

Michael Putman, San Antonio, for appellant; William Brown, San Antonio, of counsel.

Ted Butler, Dist. Atty., Charles T. Conaway, Lucien B. Campbell, and Susan Spruce, Asst. Dist. Attys., San Antonio, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.


OPINION

GREEN, Commissioner.

In a trial before a jury, appellant was convicted of possession of heroin. See Art. 725b, V.A.P.C. Punishment, enhanced under Art. 63, V.A.P.C., was assessed by the court at life.

In his first ground of error, appellant contends that the trial court assessed punishment at life in violation of his rights under the Fifth and Fourteenth Amendments to the United States Constitution and in violation of the doctrine of North...

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