FUENTES v. STATE

No. 468-84.

688 S.W.2d 542 (1985)

Alvaro Contreras FUENTES, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

April 17, 1985.


Attorney(s) appearing for the Case

Humberto R. Trejo, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty. and James C. Brough and Wilford Anderson, 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

WHITE, Judge.

This is an appeal from a conviction of possession with intent to deliver cocaine under Article 4476-15, sec. 4.03(d)(3), V.A. C.S. The trial court assessed punishment at seven years' imprisonment.

On appeal the appellant contends that the trial court erred in failing to sustain his motion to dismiss, because the statute upon which the prosecution was based is unconstitutional...

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