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GONZALES v. STATE

No. 665-82.

648 S.W.2d 684 (1983)

Moses G. GONZALES, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

March 23, 1983.

Attorney(s) appearing for the Case

Benjamin F. Walker, Donald A. Roush, Jr., court appointed, San Antonio (David K. Chapman, San Antonio, of counsel), for appellant.

Bill M. White, Dist. Atty., Miguel Martinez, Elizabeth Taylor, Dennis J. McKnight and Jerry Rosson, Asst. Dist. Attys., San Antonio, Robert Huttash, State's Atty., and Alfred Walker, Asst. State's Atty., Austin, for the State.

Before the Court en banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

ONION, Presiding Judge.

This case involves an appeal from a conviction for possession of heroin. Punishment was assessed at life by the trial court after the jury found that appellant had twice before been convicted of felony offenses. See V.T.C.A., Penal Code, § 12.42(d). Appellant's conviction was reversed by the Court of Appeals in an unpublished per curiam opinion by the San Antonio Court of Appeals...

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