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RODRIQUEZ v. STATE

No. 56617.

561 S.W.2d 4 (1978)

Geraldo RODRIQUEZ, Appellant, v. The STATE of Texas, Appellee.

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

Motion for Rehearing Denied February 15, 1978.

Attorney(s) appearing for the Case

Hugh Lowe, on appeal only, Austin, for appellant.

Ronald D. Earle, Dist. Atty. and Charles E. Hardy, Asst. Dist. Atty., Austin, for the State.

Before ONION, P. J., and DOUGLAS and ODOM, JJ.

Motion for Rehearing En Banc Denied February 15, 1978.

OPINION

DOUGLAS, Judge.

This is an appeal from a conviction for the offense of possession of heroin upon appellant's plea of guilty. Punishment was assessed by the court at three years.

Section 4.04(a) of the Controlled Substances Act, V.A.C.S., 4476-15, under which appellant was indicted, provides:

"Except as authorized by this Act, a person commits an offense if he knowingly...

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