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ADKINS v. STATE

No. 08-83-00092-CR.

675 S.W.2d 604 (1984)

Sammy Joe ADKINS, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, El Paso.

Rehearing Denied September 5, 1984.

Attorney(s) appearing for the Case

Jimmy Edwards, Odessa, for appellant.

Aubrey Edwards, Dist. Atty., 83rd Dist., Big Lake, Douglas M. Becker, Gray, Allison & Becker, Austin, for appellee.

Before STEPHEN F. PRESLAR, C.J., and WARD and OSBORN, JJ.

OPINION

OSBORN, Justice.

This is an appeal from a conviction for possession of a controlled substance, to wit, tetrahydrocannabinol, other than marihuana. The jury assessed punishment at fifteen years imprisonment. We reverse.

At the outset, we address an issue not raised by Appellant at trial or on appeal. This offense, as alleged and shown at trial, was committed on September 3, 1982. Appellant was charged with an aggravated offense of possessing...

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