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WASHINGTON v. STATE

No. 2337cr. 13-81-327-CR.

654 S.W.2d 10 (1982)

Otha C. WASHINGTON, Appellant, v. STATE of Texas, Appellee.

Court of Appeals of Texas, Corpus Christi.

August 26, 1982.

Attorney(s) appearing for the Case

Larry D. Dowell, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty., Houston, for appellee.

Before BISSETT, UTTER and KENNEDY, JJ.

OPINION

KENNEDY, Justice.

Appeal is taken from conviction for delivery of a controlled substance for which punishment, enhanced by two prior felony convictions, was assessed at life imprisonment. The sufficiency of the evidence to support the conviction is not questioned. We reverse.

Appellant entered a plea of not guilty to the offense charged. At that time he opted in writing to have his punishment assessed by the jury in the event a verdict of...

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