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REED v. STATE

No. 222-90.

811 S.W.2d 582 (1991)

Jerry REED, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

May 15, 1991.

Attorney(s) appearing for the Case

John H. Hagler (on appeal only), Dallas, for appellant.

John Vance, Dist. Atty., Kathleen A. Walsh and Colleen Doolin, Asst. Dist. Attys., Dallas, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON STATE'S MOTION FOR REHEARING

MALONEY, Judge.

We granted the State's Motion for Rehearing to re-examine our opinion on original submission.1 Our prior opinion is withdrawn.

Appellant was charged by indictment with possession of a controlled substance, heroin, TEX.HEALTH & SAFETY CODE ANN. § 481.115(aMb) (Vernon 1990), enhanced by a prior conviction for burglary,2 V.T.C.A...

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