STATE v. PEREZ

No. 04-94-00476-CR.

906 S.W.2d 558 (1995)

The STATE of Texas, Appellant, v. Michael PEREZ, Appellee.

Court of Appeals of Texas, San Antonio.

Discretionary Review Granted November 15, 1995.


Attorney(s) appearing for the Case

Joanne M. Eakle, San Antonio, for Appellant.

Terry Breen, Assistant District Attorney, 81st Judicial District, Jourdanton, for Appellee.

Before CHAPA, C.J., and RICKHOFF and STONE, JJ.


OPINION

RICKHOFF, Justice.

This appeal questions whether the double jeopardy clause prohibits the State from prosecuting under the Texas Controlled Substances Tax Act after prosecuting under the Texas Controlled Substances Act. Appellee, Michael Perez, pled guilty to possession of marijuana and received ten years deferred adjudication. The trial court subsequently dismissed appellee's indictment for possession of marijuana in violation of the tax act. In...

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