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RANKIN v. STATE

No. 01-92-00830-CR.

881 S.W.2d 14 (1994)

James Carey RANKIN, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Opinion Dissenting from Denial of Rehearing July 28, 1994.

Attorney(s) appearing for the Case

E. J. Van Buren, Jr./R. Scott Shearer, Houston, for appellant.

John B. Holmes, Jr./Alan Curry/Kim Whittington, Harris, for appellee.

Before HUTSON-DUNN, DUGGAN and HEDGES, JJ.

Opinion Dissenting from Denial of Rehearing En Banc July 28, 1994.

OPINION ON MOTION FOR REHEARING

HUTSON-DUNN, Justice.

Appellant has filed a motion for rehearing, which we grant. The opinion issued by this Court on October 28, 1993, is withdrawn, and the following opinion is issued in lieu of the earlier one.

Appellant, James Carey Rankin, was charged by indictment with one count of possession of a controlled substance weighing

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