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JOHNSTON v. STATE

No. 557-82.

640 S.W.2d 893 (1982)

Wayne Bruce JOHNSTON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

October 13, 1982.

Attorney(s) appearing for the Case

J. Gary Trichter, Edward A. Mallett and J. Patrick Wiseman, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty., Winston E. Cochran, Jr., and Robert Rodriguez, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION

PER CURIAM.

Appeal is taken from a conviction for possession of a controlled substance. Appellant was convicted in a trial before the court and punishment was assessed at 3 years, probated, and a $500 fine. The Court of Appeals affirmed Appellant's conviction. Johnston v. State, (Tex.App.—Houston [14th] 1982). No motion for rehearing was filed in the Court of Appeals.

In his petition for discretionary review, Appellant contends...

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