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VICKNAIR v. STATE

No. 036-84.

751 S.W.2d 180 (1986)

James Wallace VICKNAIR, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

On Motion For Rehearing April 13, 1988.

Attorney(s) appearing for the Case

Don Ervin, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty. and Winston E. Cochran, Jr., Patricia Saum and J. Sidney Crowley, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

TOM G. DAVIS, Judge.

Appellant pled guilty before the court, pursuant to a plea bargain, to possession of more than five and less than fifty pounds of marihuana. The court assessed five years. The First Court of Appeals (Houston) reversed the conviction, holding that the search of appellant's automobile resulted from an illegal stop. Vicknair v. State, 670 S.W.2d 286

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