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BETANCOURT v. STATE

No. 58457.

590 S.W.2d 487 (1979)

Salvador BETANCOURT, Appellant, v. The STATE of Texas, Appellee.

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

Rehearing Denied December 19, 1979.

Attorney(s) appearing for the Case

Cliff Preslar, El Paso, for appellant.

Steve W. Simmons, Dist. Atty. and Miguel J. Cervantes, Asst. Dist. Atty., El Paso, Robert Huttash, State's Atty., Austin, for the State.

Before ODOM, TOM G. DAVIS and CLINTON, JJ.

Rehearing En Banc Denied December 19, 1979.

OPINION

CLINTON, Judge.

This appeal follows conviction for the offense of possession of heroin. Appellant, having been tried on an indictment enhanced pursuant to the provisions of V.T. C.A. Penal Code, § 12.42(d), was sentenced as an habitual offender.

In his sole ground of error, appellant contends that the trial court erred in sentencing him pursuant to Section 12.42(d), supra, in that the...

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