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STATE v. PEREZ

No. 1084-95.

947 S.W.2d 268 (1997)

The STATE of Texas v. Michael PEREZ, Appellee.

Court of Criminal Appeals of Texas, En Banc.

June 18, 1997.

Attorney(s) appearing for the Case

Joanne M. Eakle, San Antonio, for appellee.

Reynaldo P. Morin, Dist. Asst. Atty., Jourdanton, Matthew Paul, State's Atty. Austin, for State.

Before the court en banc.

OPINION ON APPELLEE'S PETITION FOR DISCRETIONARY REVIEW

MEYERS, Judge.

Appellee was indicted for possession of more than five but less than fifty pounds of marijuana ("the possession case") and, in a separate indictment, for possession of marijuana on which no tax had been paid ("the tax case"). Appellee pled guilty in the possession case and moved to quash the indictment in the tax case on double jeopardy grounds, alleging the tax was an additional...

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