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McCARTY v. STATE

No. 562-90.

820 S.W.2d 795 (1991)

Kellye Marie McCARTY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied October 30, 1991.

Attorney(s) appearing for the Case

James H. Shaw, Fort Worth, for appellant.

Tim Curry, Dist. Atty., and C. Chris Marshall, Asst. Dist. Atty., Fort Worth, Robert Huttash, State's Atty., Austin, for the State.

Before the Court en banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

PER CURIAM.

A jury convicted appellant of aggravated possession of amphetamine, a controlled substance. Tex.Rev.Civ.Stat.Ann. art. 4476-15, §§ 4.041(a) and (c), and 4.02(d)(1)(A), see now Tex.Health & Safety Code Ann. §§ 481.116(a) and (c) and 481.-103(a)(3). The jury sentenced appellant to seven years in prison, probated, and a suspended $5,000 fine.

On direct appeal, the...

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