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BIRDWELL v. STATE

No. 2-90-233-CR.

819 S.W.2d 641 (1991)

A.D. BIRDWELL, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

November 13, 1991.

Attorney(s) appearing for the Case

Danny Burns, Fort Worth, for appellant.

Tim Curry, Dist. Atty., with C. Chris Marshall and Tanya S. Dohoney, Assts., Fort Worth, for appellee.

Before SPURLOCK, FARRIS and LATTIMORE, JJ.

OPINION

LATTIMORE, Justice.

This is an appeal by A.D. Birdwell who was convicted for the offense of the delivery of a controlled substance, cocaine under twenty-eight (28) grams. Tex.Health & Safety Code Ann. § 481.112 (Vernon Pamph. 1991). After finding that the enhancement paragraphs were true, the jury assessed his punishment at forty (40) years confinement in the Institutional Division of the Texas Department of Criminal Justice. In his sole...

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