HERNANDEZ v. STATE

Nos. 885-86-887-86.

762 S.W.2d 578 (1988)

Angel Maria HERNANDEZ, Pedro Cabrera Alvarez & Roberto Zamora Guitierrez, Appellants, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied December 7, 1988.


Attorney(s) appearing for the Case

Windi Atkins, Houston, for Hernandez and Guitierrez.

James M. Brooks, Houston, for Alvarez.

John B. Holmes, Jr., Dist. Atty., William J. Delmore, III and Brad Beers, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.


OPINION DISSENTING TO REFUSAL OF APPELLANTS' PETITIONS FOR DISCRETIONARY REVIEW

CLINTON, Judge.

The offense is possession of marihuana "in a usable quantity of more than two thousand pounds," allegedly committed on or about February 22, 1982. Article 4476-15, § 4.051(a) and (d)(3), as amended by Acts 1981, 67th Leg., Ch. 268, p. 702, § 8, effective September 1, 1981.

Appellants are three of some twenty persons arrested in early morning...

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