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McKELVEY v. STATE

No. 58608.

570 S.W.2d 951 (1978)

Bobby Steve McKELVEY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 2.

September 20, 1978.

Attorney(s) appearing for the Case

Michael M. Phillips, Angleton, for appellant.

Carol S. Vance, Dist. Atty., Calvin A. Hartmann and William E. Taylor, Asst. Dist. Attys., Houston, for the State.

Before ONION, P. J., and PHILLIPS and TOM G. DAVIS, JJ.,

OPINION

TOM G. DAVIS, Judge.

Appeal is taken from a conviction for possession of a controlled substance, to-wit: heroin. Art. 4476-15, Sec. 4.04, V.A.C.S. The court assessed punishment at three years.

The record reflects that appellant entered a plea of guilty on November 18, 1976. The court found the appellant guilty at that time but did not assess punishment or rule on appellant's motion for probation. The hearing was recessed until December 17...

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