No. 51743.

545 S.W.2d 453 (1976)

Rosa ELIZONDO, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Dissenting Opinion On Motion For Rehearing January 19, 1977.

Attorney(s) appearing for the Case

Thomas Rocha, Jr., San Antonio, for appellant.

John H. Green, Dist. Atty., Dennis Cadra, Asst. Dist. Atty., Odessa, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.

Dissenting Opinion On State's Motion For Rehearing January 19, 1977.


GUPTON, Judge.

The offense is delivery of heroin under the Controlled Substances Act; the punishment, assessed by the jury, 99 years.

In the light of our disposition of this case, a detailed recitation of facts is not necessary. Gerald Howard, a Department of Public Safety narcotics agent, testified that he was working undercover in the Midland-Odessa area on April...

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