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WHALEY v. STATE

No. 2-83-042-CR.

660 S.W.2d 894 (1983)

Jimmie Rex WHALEY, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

December 7, 1983.

Attorney(s) appearing for the Case

Ward Casey, Fort Worth, for appellant.

Tim Curry, Dist. Atty., and M. Eugene Grant, Asst. Dist. Atty., Fort Worth, for the State.

Before JORDAN, ASHWORTH and BURDOCK, JJ.

OPINION ON MOTION FOR REHEARING

JORDAN, Justice.

After consideration of appellant's motion for rehearing, we hereby grant said motion. Our original opinion in this case handed down on October 12, 1983 is withdrawn and the following opinion is substituted therefor.

This is an appeal from a conviction for possession of heroin. In a trial to the court, appellant pled not guilty and was convicted under TEX.REV.CIV.STAT.ANN. art. 4476-15 (Texas Controlled...

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