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STATE v. PENA

No. 10-91-056-CR.

824 S.W.2d 223 (1992)

The STATE of Texas, Appellant, v. Leopoldo Rivera PENA, Appellee.

Court of Appeals of Texas, Waco.

Rehearing Denied March 11, 1992.

Attorney(s) appearing for the Case

Bill R. Turner, Dist. Atty., Bryan, for appellant.

K. Ming Roschke, College Station, for appellee.

Before THOMAS, C.J., and CUMMINGS and VANCE, JJ.

OPINION

CUMMINGS, Justice.

Pena was charged in two indictments for delivery of less than twenty-eight grams of cocaine to Officer Lee Brakefield on June 26 and July 10, 1989. The State appeals the court's order granting Pena's pleas of entrapment in both causes and dismissing the indictments with prejudice. Because Pena failed to raise a fact issue of entrapment, we will reverse the court's order and remand both causes.

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