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BOYKIN v. STATE

No. 1539-89.

818 S.W.2d 782 (1991)

Curley James BOYKIN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied November 20, 1991.

Attorney(s) appearing for the Case

Allen Tanner, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty., and Cheryl Boyd & Alex Azzo, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

CAMPBELL, Judge.

Appellant, Curley James Boykin, was charged with, and a jury found him guilty of, delivering a simulated controlled substance while expressly representing that substance to be cocaine. Tex.Rev.Civ.Stat. art. 4476-15b, § 2(a)(1) (1983 Tex.Gen.Laws 1614-1615, ch. 306, § 2). The trial court assessed punishment at imprisonment for ten years. The Fourteenth Court of Appeals reversed...

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