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POSEY v. STATE

Nos. 53191, 53207 and 53208.

545 S.W.2d 162 (1977)

James Andrew POSEY, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

January 5, 1977.

Attorney(s) appearing for the Case

Tom Mills, Jr., Dallas, for appellant.

Henry Wade, Dist. Atty., Gary Love and Robert C. Hinton, Jr., Asst. Dist. Attys., Dallas, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

DALLY, Commissioner.

These are appeals from convictions for the offense of obtaining a controlled substance by misrepresentation, fraud, deception, and subterfuge, in violation of Section 4.09(a)(3) of the Controlled Substances Act. The punishment assessed in each case is imprisonment for 5 years.

In Cause No. 53,191, the appellant waived indictment and was prosecuted on an information. He then waived a jury trial, entered a plea of guilty...

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