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BEVERLY v. STATE

No. 09-88-202 CR.

795 S.W.2d 846 (1990)

Irvan Keith BEVERLY, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Beaumont.

August 29, 1990.

Attorney(s) appearing for the Case

William G. Martin, Jr., Beaumont, for appellant.

Tom Maness, Dist. Atty., John R. DeWitt, Asst. Dist. Atty., Beaumont, for State.

OPINION ON REMAND

BURGESS, Justice.

This is an appeal from a conviction for possession of a controlled substance, cocaine, less than twenty-eight grams. The jury found the enhancement allegations true and assessed punishment at forty years' confinement in the Texas Department of Corrections. This court reversed and remanded, 764 S.W.2d 353 (Tex.App.- Beaumont 1989). The court of criminal appeals reversed this court,

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