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FLORES v. STATE

No. 68416.

650 S.W.2d 429 (1983)

Don FLORES, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

May 18, 1983.

Attorney(s) appearing for the Case

Ed Paynter, Abilene, for appellant.

Patricia A. Elliott, Dist. Atty., and Jorge A. Solis, Asst. Dist. Atty., Abilene, Robert Huttash, State's Atty., and Alfred Walker, Asst. State's Atty., Austin, for the State.

Before the court en banc.

OPINION

DALLY, Commissioner.

This is an appeal from a conviction for the offense of possession of methamphetamine; the punishment is imprisonment for 5 years and a fine of $500; probation was granted.

The appellant urges that the evidence is insufficient to support his conviction; we agree; the evidence in this record is insufficient to support the conviction.

The appellant waived a jury and the trial was before the court. The only evidence...

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