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HERRERA v. STATE

No. 53544.

561 S.W.2d 175 (1978)

Roberto HERRERA and Mellie Aguilar, Appellants, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied February 22, 1978.

Attorney(s) appearing for the Case

Bob Kuhn, Austin, for appellants.

Robert O. Smith, Dist. Atty. and Richard E. Banks, Asst. Dist. Atty., Austin, for the State.

Before the court en banc.

OPINION

ROBERTS, Judge.

These are appeals from convictions for possession of more than four ounces of marihuana. The appellants waived a trial by jury and entered pleas of not guilty before the court. The trial judge assessed appellant Herrera's punishment at ten years, probated, and appellant Aguilar's1 punishment at five years, probated.

The appellants contend that the trial...

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