LOZANO v. STATE

No. 10-83-223-CR.

676 S.W.2d 433 (1984)

Joe Olivo LOZANO, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Waco.

July 5, 1984.


Attorney(s) appearing for the Case

James L. Bruner, San Antonio, for appellant.

Sam D. Millsap, Jr., Crim. Dist. Atty., Ernie Glenn, Sam Ponder, Alan E. Battaglia, Asst. Crim. Dist. Attys., San Antonio, for appellee.


OPINION

THOMAS, Justice.

A jury convicted Appellant of delivering marihuana for remuneration and sentenced him to six years in prison. This appeal presents two questions. First, does jeopardy bar the State from prosecuting Appellant for delivery? Second, is the evidence sufficient to support Appellant's conviction, where the marihuana was not introduced as an exhibit (it had been destroyed before trial under a court order) and the charge instructed the jury...

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