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THOMAS v. STATE

No. 64030.

599 S.W.2d 823 (1980)

Betty Lynn THOMAS, Appellant, v. The STATE of Texas, Appellee.

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

June 11, 1980.

Attorney(s) appearing for the Case

Russell W. Henrichs, Dallas, for appellant.

Henry M. Wade, Dist. Atty., Maridell Templeton and Todd C. Meier, Asst. Dist. Attys., Dallas, Robert Huttash, State's Atty., Austin, for the State.

Before ONION, P. J., and ROBERTS and DALLY, JJ.

OPINION

DALLY, Judge.

Appellant waived trial by jury and entered a plea of guilty before the court to the offense of possession of a controlled substance, namely, heroin. Art. 4476-15, Sec. 4.04, V.A.C.S. The court assessed punishment at imprisonment for five years in the Texas Department of Corrections.

In a single ground of error, appellant contends that the trial court erred by failing to sua sponte withdraw appellant's plea of guilty when evidence...

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