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MELENDEZ v. STATE

No. 01-94-00652-CR.

902 S.W.2d 28 (1995)

Eliseo MELENDEZ, Appellant, v. The STATE of Texas, Appellee.

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

Discretionary Review Granted October 11, 1995.

Attorney(s) appearing for the Case

Floyd W. Freed, III, Houston, for appellant.

John B. Holmes, Jr., Scott A. Durfee, Devon Ward, Houston, for appellee.

Before OLIVER-PARROTT, C.J., and O'CONNOR and MIRABAL, JJ.

OPINION

O'CONNOR, Justice.

We deny the State's motion to abate this appeal, and reverse and remand for a new trial pursuant to Tex.R.App.P. 50(e). A jury convicted the appellant, Eliseo Melendez, of possession of cocaine with intent to deliver. The trial court assessed punishment, enhanced by an earlier felony, at 25-years confinement. On appeal, the State discovered that a crucial exhibit had been lost and...

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