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JACKSON v. STATE

No. 115-84.

766 S.W.2d 518 (1988)

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

Court of Criminal Appeals of Texas, En Banc.

November 23, 1988.

Attorney(s) appearing for the Case

Richard D. Woods, court appointed, San Antonio, for appellant.

Sam D. Millsap, Jr., Former Dist. Atty. & Charels Estee, Former Asst. Dist. Atty., San Antonio, Robert Huttash, State's Atty., Austin, for State.

Before the court en banc.

OPINION ON REMAND FROM THE UNITED STATES SUPREME COURT

ONION, Presiding Judge.

At a second trial appellant was convicted of the actual delivery of heroin, a controlled substance, a first-degree felony. See Article 4476-15, § 4.03(b), V.A.C.S. One prior felony conviction was alleged and proved for enhancement of punishment. The jury assessed punishment at 25 years' confinement in the Texas Department of Corrections...

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