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McCARTY v. STATE

No. 2-89-005-CR.

788 S.W.2d 213 (1990)

Kellye Marie McCARTY, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled May 8, 1990.

Attorney(s) appearing for the Case

Jim Shaw, Fort Worth, for appellant.

Tim Curry, Dist. Atty., and Cindy Singleton, Asst. Dist. Atty., Fort Worth, for State.

Before FARRIS, LATTIMORE and MEYERS, JJ.

OPINION

FARRIS, Judge.

Kellye Marie McCarty was convicted by a jury of aggravated possession of a controlled substance to-wit: amphetamine. Formerly TEX.REV.CIV.STAT.ANN. art. 4476-15, sec. 4.041(a), (c) (Vernon Supp. 1989), and sec. 4.02(d)(1)(A) (Vernon 1976) (now codified at TEX. HEALTH & SAFETY CODE ANN. secs. 481.116(a), (c) and 481.103(a)(3) (Vernon Pamph.1990)). The jury sentenced McCarty to seven years in the Texas Department of Corrections,...

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