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BENAVIDES v. STATE

No. 729-83.

664 S.W.2d 328 (1983)

Damian Pena BENAVIDES v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

October 19, 1983.

Attorney(s) appearing for the Case

Don Ervin, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty., Winston E. Cochran, Jr., and Ned Morris, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

PER CURIAM.

Appeal is taken from a conviction for possession of marihuana in a quantity of more than five pounds and less than fifty pounds. Appellant was convicted in a trial before the Court following a plea of guilty, and punishment was assessed at four years. Appellant's conviction was affirmed by the Court of Appeals. Benavides v. State, 652 S.W.2d 464

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