VARELA v. STATE

No. 52959.

561 S.W.2d 186 (1978)

Ernesto Ortega VARELA, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

February 8, 1978.


Attorney(s) appearing for the Case

F. Terry Callahan, San Antonio, for appellant.

Ted Butler, Dist. Atty., E. Dickinson Ryman, Sid W. Conwan, Jr., and H. Wayne Campbell, Asst. Dist. Attys., San Antonio, for the State.

Before the court en banc.


OPINION

ONION, Presiding Judge.

With the exception of the two footnotes contained therein which this writer has inserted, the following opinion was originally prepared by the late Judge Howard P. Green, a Commissioner of this court. In writing for the majority, I adopt Judge Green's opinion as that of the court.

"This is an appeal from a conviction by a jury for the offense of sale of heroin. Punishment was assessed by the court at twelve (12) years...

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