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ATKINS v. STATE

No. 528-96.

951 S.W.2d 787 (1997)

Milton Ray ATKINS, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas, En Banc.

Opinion Granting Rehearing September 24, 1997.

Attorney(s) appearing for the Case

Tony Aninao, Houston, for appellant.

Kimberly Aperauch Stelter, Asst. District Attorney, Houston, Jeffrey L. Van Horn, Asst. State's Attorney, Matthew Paul, State's Atty., Austin, for State.

Before the court en banc.

OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

OVERSTREET, Judge.

Appellant was indicted in November 1992 for the felony offense of Possession of a Controlled Substance (cocaine), weighing less than twenty-eight grams, pursuant to Tex. Health & Safety Code Ann. § 481.115(b). He was found guilty by a jury and pled true to two enhancements paragraphs whereupon the trial judge sentenced him to thirty years confinement in Texas Department...

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