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SOTO v. STATE

No. 464-83.

681 S.W.2d 602 (1984)

Tiburcio SOTO, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

December 19, 1984.

Attorney(s) appearing for the Case

Stephen M. Orr, Austin, for appellant.

Ronald Earle, Dist. Atty. and Philip A. Nelson, Jr. and Ralph Graham, Asst. Dist. Attys., Robert Huttash, State's Atty. and Alfred Walker, First Asst. State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

ODOM, Judge.

Appellant was convicted of delivery of heroin. On appeal the Court of Appeals found that appellant raised the issue of entrapment, V.T.C.A., Penal Code Sec. 8.06, and that the state failed to disprove the defense. Soto v. State, 649 S.W.2d 801 (Tex.App.—Austin 1983). We granted the petition for review to consider the correctness of that ruling...

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