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GALVAN v. STATE

No. 56544.

598 S.W.2d 624 (1979)

Lupe GALVAN, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

April 18, 1979.

Attorney(s) appearing for the Case

Aubrey L. Roberts, Jr., Sweetwater, for appellant.

Frank Ginzel, Dist. Atty., Colorado City, Bill Hoffmann, Jr., Asst. Dist. Atty., Sweetwater, Robert Huttash, State's Atty., Austin, for the State.

Russell L. Carroll, Asst. Dist. Atty., Sweetwater, Alfred Walker, Asst. State's Atty., Austin, for the State on rehearing.

Before ONION, P. J., PHILLIPS and TOM G. DAVIS, JJ., and KEITH, Commissioner.

OPINION

KEITH, Commissioner.

Appellant was indicted for intentional possession of more than four ounces of marihuana; the jury found him to be guilty and his punishment was enhanced because of a prior conviction and fixed at confinement for fifteen years.

Briefly, the record reflects that on April 7,1974, James Hallmark discovered sixteen kilos of a substance later shown to be marihuana. The bricks of marihuana were in a barracks bag, under a tub...

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