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MEDINA v. STATE

No. 04-81-00490-CR.

665 S.W.2d 148 (1983)

Victor MEDINA, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

Discretionary Review Refused May 9, 1984.

Attorney(s) appearing for the Case

Martin Underwood, Comstock, for appellant.

Thomas F. Lee, Del Rio, for appellee.

Before CADENA, C.J., and BUTTS and TIJERINA, JJ.

OPINION

BUTTS, Justice.

Appellant was convicted of the offense of delivery of marihuana for remuneration. The jury assessed punishment at four (4) years' confinement and a Five Thousand Dollar ($5,000.00) fine.

Appellant's sole ground of error is that the charge to the jury on punishment is defective. The portion of the charge to which appellant now complains for the first time on appeal is paragraph V. Paragraph V reads as follows:

Probation...

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