OPINION
BROCK, Justice.
The defendant was charged in a presentment with the sale of a controlled substance but was acquitted of that charge and instead convicted of the included lesser offense of simple possession of a controlled substance and received a sentence of 11 months 29 days in jail. On his appeal to the Court of Criminal Appeals that court reversed his conviction and remanded for a new trial, concluding that the trial court had erred in failing...
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