SIMPSON v. STATE

No. 2-84-322-CR.

709 S.W.2d 797 (1986)

Larry Gene SIMPSON, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

May 21, 1986.


Attorney(s) appearing for the Case

Mike McCollum, Dallas, and Danny D. Burns, Fort Worth, for appellant.

Tim Curry, Criminal Dist. Atty., and Mary Thornton Taylor, Asst. Dist. Atty., Fort Worth, for State.

Before FENDER, C.J., and HOPKINS and HUGHES (Retired, Sitting by Assignment), JJ.


OPINION ON SECOND MOTION FOR REHEARING

HOPKINS, Justice.

We grant the State's Second Motion for Rehearing and withdraw our original opinion issued January 15, 1986, and our opinion on Motion for Rehearing issued February 26, 1986.1 The following is substituted therefor.

Upon a plea of not guilty, a jury found the appellant guilty of the misdemeanor offense of possession of a controlled substance and assessed his punishment...

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