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MONTEZ v. STATE

No. 59179.

608 S.W.2d 211 (1980)

David MONTEZ, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 3.

On Rehearing December 17, 1980.

Attorney(s) appearing for the Case

Kent H. Poynor and William T. Knox, Dallas, on appeal only, for appellant.

Henry Wade, Dist. Atty., Stanley Keeton, William M. Lamb and L. S. Eubanks, Jr., Asst. Dist. Attys., Dallas, Robert Huttash, State's Atty., and Alfred Walker, Asst. State's Atty., Austin, for the State.

Before ODOM, TOM G. DAVIS and CLINTON, JJ.

OPINION

CLINTON, Judge.

This is an appeal from a conviction for the felony offense of possession of more than four ounces of marihuana. The trial court assessed punishment at confinement in the Texas Department of Corrections for three years notwithstanding appellant's sworn motion for probation.

In the three grounds of error presented, appellant contends that the evidence is insufficient to support the...

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