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NOLEN v. STATE

No. 601-94.

897 S.W.2d 789 (1995)

Kenneth Alan NOLEN A.K.A. Kenneth Allen Nolen, Appellant v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

March 29, 1995.

Attorney(s) appearing for the Case

David A. Pearson IV, Fort Worth, for appellant.

Amy Ayers Adams, Dist. Atty., Donald E. Schnebly, Asst. Dist. Atty., Weatherford, and Robert Huttash, State's Atty., Austin, for the State.

Before the Court en banc.

State's Petition for Discretionary Review Refused.

OPINION DISSENTING TO REFUSAL OF STATE'S PETITION FOR DISCRETIONARY REVIEW

MCCORMICK, Presiding Judge.

A jury convicted appellant of aggravated possession of a controlled substance, namely amphetamine of 400 grams or more. The jury assessed punishment at ninety-nine years' confinement in the Institutional Division of the Texas Department of Corrections and a $100,000 fine. On appeal the Fort...

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