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MERRIMAN v. STATE

No. 55134.

594 S.W.2d 410 (1979)

Homer Lee MERRIMAN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

On Rehearing March 12, 1980.

Attorney(s) appearing for the Case

Richard Haynes and Robert B. Wallis, Houston, for appellant.

Arthur C. Eads, Dist. Atty. and James T. Russell, Asst. Dist. Atty., Belton, for the State.

Robert Huttash, State's Atty., Austin, for the State on State's Motion for rehearing.

Before the court en banc.

OPINION ON APPELLANT'S MOTION FOR REHEARING

ONION, Presiding Judge.

This is an appeal from a conviction for delivery of a controlled substance, hydromorphone; punishment is imprisonment for sixteen (16) years.

The judgment was affirmed in a per curiam opinion delivered November 22, 1978. That opinion did not address appellant's contentions because the record then before a panel of this court showed that appellant's retained counsel had filed his...

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