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BROWN v. STATE

No. 0985-94.

913 S.W.2d 577 (1996)

Jimmy Earl BROWN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

January 10, 1996.

Attorney(s) appearing for the Case

Frank W. Henderson, Beaumont, for appellant.

Edward J. Marty, Assistant Dist. Atty., Tyler and Robert A. Huttash, State's Atty., Austin, for the State.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

MALONEY, Judge.

Appellant was convicted of delivery of a controlled substance. The jury assessed punishment at forty-five years confinement. The Court of Appeals reversed the judgment. Brown v. State, No. 12-92-0351-CR slip op., ___ S.W.2d ___ (Tex.App.—Tyler July 29, 1994). We granted the State's petition for discretionary review to determine whether the trial court abused its discretion...

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