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MENDOZA v. STATE

No. 56207.

577 S.W.2d 240 (1979)

Sammie MENDOZA, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 1.

February 21, 1979.

Attorney(s) appearing for the Case

William W. McNeal, Luling, for appellant.

William L. Schroeder, Dist. Atty., New Braunfels, Jeffrey L. Van Horn, Asst. Dist. Atty., Lockhart, for the State.

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

OPINION

PHILLIPS, Judge.

This is an appeal from a conviction for delivery of heroin. Punishment was assessed at five years' imprisonment.

We note at the outset a fundamental error which requires the reversal of this conviction in the interest of justice. See Articles 40.09(13) and 36.19, V.A.C.C.P.

Appellant was charged by indictment with "knowingly and intentionally deliver[ing] to Gladys Thomas a controlled substance, namely: heroin, ....

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