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  5. 830 S.W.2d 197 (1992)
 

BURTON v. STATE

No. 08-91-00034-CR.

830 S.W.2d 197 (1992)

James Wayne BURTON, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, El Paso.

April 15, 1992.

Attorney(s) appearing for the Case

Paul Williams, Midland, for appellant.

Al W. Schorre, Jr., Dist. Atty. of Midland County, Midland, for the State.

Before OSBORN, C.J., and KOEHLER and BARAJAS, JJ.

OPINION

BARAJAS, Justice.

This is an appeal from a conviction for the offense of delivery of a simulated controlled substance. The court assessed punishment at 5 years' imprisonment and a fine of $1,000. The court retained jurisdiction of the cause for 180 days pursuant to Tex.Code Crim.Pro.Ann. art. 42.12, § 6(a) (Vernon Supp.1992)—shock probation. We affirm.

In his first point of error, the Appellant contends that his prosecution under...

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