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SMITH v. STATE

No. 708-94.

887 S.W.2d 948 (1994)

Elija T. SMITH, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

October 26, 1994.

Attorney(s) appearing for the Case

Robert A. Morrow, (Court-appointed on appeal), Houston, for appellant.

John B. Holmes, Jr., Dist. Atty., and Alan Curry and Larry McDougal, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

BAIRD, Judge, concurring to the refusal of appellant's petition for discretionary review.

Appellant was convicted of possession of a controlled substance and sentenced to thirty years confinement. The Court of Appeals affirmed. Smith v. State, 874 S.W.2d 720 (Tex.App.—Houston [1st Dist.] 1994). In his petition for discretionary review appellant contends the tests conducted by the State to determine or identify a controlled...

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