JACKSON v. STATE

No. 115-84.

766 S.W.2d 504 (1985)

Kenneth Earl JACKSON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

July 24, 1985.


Attorney(s) appearing for the Case

David K. Chapman (court appointed), Richard D. Woods (court appointed), San Antonio, for appellant.

Sam D. Millsap, Jr., Dist. Atty. & Linda C. Anderson, Hipolito Canales, Jr. & John J. Horn, III, Asst. Dist. Attys., San Antonio, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.


OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

MILLER, Judge.

This is an appeal from a conviction for delivery of heroin, a first degree felony. See Art. 4476-15, § 4.03(b), V.A.C.S. Punishment, enhanced by proof of a prior felony conviction, was assessed by the jury at twenty-five years confinement in the Texas Department of Corrections.

This appeal arises from appellant's second trial for the same offense. At the first trial, appellant...

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