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GUTIERREZ v. STATE

No. 58125.

628 S.W.2d 57 (1980)

Marcus GUTIERREZ, Appellant, v. The STATE of Texas, Appellee.

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

Rehearing Denied February 10, 1982.

Second Motion for Rehearing Denied March 10, 1982.

Attorney(s) appearing for the Case

James A. Rindfuss, Kim I. Manning, on appeal only, San Antonio, for appellant.

Bill M. White, Dist. Atty., & Keith W. Burris, Lawrence R. Linnartz & H. Wayne Campbell, Asst. Dist. Atty., San Antonio, Robert Huttash, State's Atty., Austin, for the State.

Before ONION, P. J. and DOUGLAS and W. C. DAVIS, JJ.

OPINION

W. C. DAVIS, Judge.

This is an appeal from a conviction for the offense of possession of heroin. The punishment, enhanced by a prior conviction, is imprisonment for fifty years.

The appellant, in his first ground of error, contends that the evidence presented at trial is insufficient to support his conviction for the offense of possession of heroin.

The evidence at trial reflects that on January 19, 1977, Officer Montemayor and his...

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