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KELLEY v. STATE

No. 58008.

573 S.W.2d 28 (1978)

Vermon KELLEY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

November 8, 1978.

Attorney(s) appearing for the Case

Joe A. Garza, Corpus Christi, court appointed, for appellant.

OPINION ON REHEARING

ONION, Presiding Judge.

Our prior panel opinion is withdrawn and this en banc opinion is substituted in lieu thereof.1

This is an appeal from a conviction for possession of heroin. On June 28, 1977 appellant entered a nolo contendere plea before the court, waiving trial by jury, and his punishment was assessed at seven (7) years' confinement in the Department of Corrections.

Court-appointed...

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