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LOPEZ v. STATE

No. 62059.

628 S.W.2d 82 (1982)

Manuel Ramon LOPEZ, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 2.

February 24, 1982.

Attorney(s) appearing for the Case

W. Stephen Hernsberger, court appointed, El Paso, for appellant.

Steve W. Simmons, Dist. Atty. & Lane C. Reedman, Asst. Dist. Atty., El Paso, Robert Huttash, State's Atty., Austin, for the State.

Before ONION, P. J., and ROBERTS and McCORMICK, JJ.

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for the delivery of heroin, where the jury assessed punishment at forty (40) years' imprisonment.

The record reflects that on April 6, 1978, appellant sold to Paul Weber, an undercover police officer, 0.128 grams of nine per cent heroin for $25.00.

On appeal appellant initially alleges that the conviction should be set aside for the failure of the State to comply with the...

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