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MARTINEZ v. STATE

No. 04-81-00144-CR.

640 S.W.2d 378 (1982)

Walter MARTINEZ, Appellant, v. STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

Discretionary Review Refused December 8, 1982.

Attorney(s) appearing for the Case

Don W. King, Jr., San Antonio, for appellant.

Ronald L. Sutton, Junction, for appellee.

Before KLINGEMAN, BUTTS and CLARK, JJ.

OPINION

REEVES, Justice.

This is an appeal from a conviction for delivery of a controlled substance, a mixture of heroin and cocaine. Both heroin and cocaine are in penalty group one of the Controlled Substances Act and delivery of either constitutes a first degree felony. Tex.Rev.Civ.Stat.Ann. art. 4476-15, § 4.03(b)(1) (Vernon 1976). The court assessed punishment at ten years' confinement in the penitentiary...

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