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KING v. STATE

No. 860-83.

687 S.W.2d 762 (1985)

Avan KING, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

April 10, 1985.

Attorney(s) appearing for the Case

George A. Preston, M.P. Duncan, III, Denton, for appellant.

Jerry Cobb, Dist. Atty. & Fred Marsh, Asst. Dist. Atty., Denton, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

ONION, Presiding Judge.

Appellant was convicted of delivery of a controlled substance, to-wit: cocaine. See Article 4476-15, § 1.02(8), V.A.C.S. The punishment was assessed by the jury, upon appellant's plea of guilty, at six (6) years' imprisonment.

The indictment alleged in pertinent part that appellant King on or about January 17, 1980, "did then and there knowingly and intentionally deliver...

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