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CURRY v. STATE

No. 1468-89.

808 S.W.2d 481 (1991)

Floyd CURRY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Overruled May 15, 1991.

Attorney(s) appearing for the Case

Victor R. Baline, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty. and J. Harvey Hudson, Asst. Dist. Atty., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

BAIRD, Judge.

Appellant was convicted of possession of a controlled substance. Punishment was assessed at seven years, probated, and a fine of $500.00. Appellant's conviction was affirmed in Curry v. State, 780 S.W.2d 825 (Tex.App.—Houston [14th] 1989). We granted review to determine whether the Court of Appeals misconstrued Tex. Code Crim.Proc.Ann...

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