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DOWLING v. STATE

No. 107-89.

885 S.W.2d 103 (1992)

Donald Wayne DOWLING, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Opinion Clarifying and Modifying Holdings on Rehearing June 29, 1994.

Attorney(s) appearing for the Case

Danny D. Burns, Fort Worth, Bill Leonard, Cleburne, for appellant.

Dan M. Boulware, Dist. Atty., and Lisa K. Maddux, Asst. Dist. Atty., Cleburne, Robert Huttash, State's Atty., and Matthew W. Paul, Asst., State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON APPELLANT'S MOTION FOR REHEARING ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

MALONEY, Judge.

Our prior opinion in this cause is withdrawn.

A jury convicted appellant of manufacture of amphetamine weighing more than four hundred grams and assessed punishment at sixty-one years imprisonment and a $10,000 fine. TEX.REV.CIV.STAT.ANN. art. 4476-15, §§ 4.02(d)(1)(A), 4.032(c) and (d)(2) (Vernon Supp.1983).1

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