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FITZPATRICK v. STATE

No. 2-81-128-CR.

632 S.W.2d 935 (1982)

Cornell FITZPATRICK, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

May 5, 1982.

Attorney(s) appearing for the Case

Crampton, Crampton & Estrada and Robert G. Estrada, Wichita Falls, for appellant.

Timothy D. Eyssen, Dist. Atty., and Dan Tompkins, Asst. Dist. Atty., Wichita Falls, for appellee.

Before HUGHES, HOLMAN and RICHARD L. BROWN, JJ.

OPINION

HOLMAN, Justice.

This appeal is from conviction of possession of heroin. Punishment was assessed by the jury at 16 years imprisonment.

We affirm.

Appellant was indicted for possession of heroin with intent to deliver. The jury found him guilty of the lesser included offense of possession.

Appellant complains (1) that the destruction of State's evidence before trial denied him due process, (2) the State did not produce an informant...

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