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MILLER v. STATE

Nos. 3-90-165-CR, 3-90-166-CR.

815 S.W.2d 805 (1991)

Billy Hugh MILLER, Jr., Appellant, v. The STATE of Texas, Appellee. Craig Allen GREGORY, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled September 11, 1991.

Attorney(s) appearing for the Case

Cynthia A. Stewart, Jackson, Miss., for Billy Hugh Miller, Jr.

Jim Brookshire, Georgetown, for Craig Allen Gregory.

Sally Ray, Asst. Dist. Atty., Georgetown, for the State.

Before CARROLL, C.J., and SMITH, J., and DAVIS, J. (Retired, Sitting by Assignment).

Rehearing Overruled in No. 3-90-165-CR September 11, 1991.

DAVIS, Retired Justice.

Appellants entered negotiated pleas of guilty before the court to the offense of possessing a usable quantity (more than 5 pounds) of marihuana. See Tex. Health & Safety Code § 481.121(b)(4) (1991). Punishment was assessed for each of the appellants at fifteen years' confinement and a $5,000 fine. Appellants challenge only the

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