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BREAZEALE v. STATE

Nos. 387-83, 604-83.

683 S.W.2d 446 (1984)

Thomas Ray BREAZEALE and Wallace Neil Higgs, Jr., Appellants, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

On Rehearing January 23, 1985.

Attorney(s) appearing for the Case

Robert A. Jones, Houston, for appellant Thomas Ray Breazeale.

John B. Holmes, Jr., Dist. Atty. and James C. Brough, Asst. Dist. Atty., Houston, Robert Huttash, State's Atty. and Alfred Walker, First Asst. State's Atty., Austin, for the State in No. 387-83.

Terrence Gaiser, Houston, for appellant Wallace Neil Higgs, Jr.

John B. Holmes, Jr., Dist. Atty. and Calvin Hartmann and Richard Wilkinson, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty. and Alfred Walker, First Asst. State's Atty., Austin, for the State in No. 604-83.

Before the court en banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

W.C. DAVIS, Judge.

Appellant Wallace Neil Higgs, Jr. pled guilty to possession of lysergic acid diethylamide, a controlled substance. The court found appellant guilty and sentenced him to ten years' confinement.

Appellant Thomas Ray Breazeale pled not guilty and was tried before the court for the felony offense of forgery. The court found appellant guilty, found the enhancement allegations contained...

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