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COOPER v. STATE

No. 05-81-00081 CR.

629 S.W.2d 69 (1981)

Carlotta Marie COOPER, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Dallas.

On Motion for Rehearing February 8, 1982.

Discretionary Review Granted May 19, 1982.

Attorney(s) appearing for the Case

Douglas R. Larson, Dallas, for appellant.

Henry M. Wade, Dist. Atty., Karen Chilton Beverly, Asst. Dist. Atty., Dallas, for appellee.

Before ROBERTSON, SPARLING and WHITHAM, JJ.

ON MOTION FOR REHEARING

ROBERTSON, Justice.

This is an appeal from a conviction for possession of marihuana under Tex.Rev.Civ. Stat.Ann. art. 4476-15, Sec. 4.05(a) (Vernon 1976) (the Controlled Substance Act). On original submission we held that the evidence is insufficient to sustain a conviction because there is no evidence regarding the quantity of marihuana possessed by appellant and, therefore, there is no evidence appellant possessed a usable amount...

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