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DRAPER v. STATE

No. 57915.

596 S.W.2d 855 (1980)

John Albert DRAPER, Appellant, v. The STATE of Texas, Appellee.

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

January 9, 1980.

Attorney(s) appearing for the Case

Donald W. Rogers, Jr., Houston, for appellant.

Carol S. Vance, Dist. Atty., Alvin M. Titus and Andy Tobias, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

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

OPINION

ROBERTS, Judge.

This is an appeal from a conviction for possession of heroin. Punishment, enhanced by proof of two prior felony convictions, as alleged, was assessed at life. We reverse.

Although the sufficiency of the evidence is not challenged, a brief recitation of the facts is necessary to place in perspective the grounds of error which appellant urges.

At 7:30 on the evening of December 19, 1975, Houston police officers executed...

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