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MARTINEZ v. STATE

No. 2-97-396-CR.

969 S.W.2d 139 (1998)

Marshall Galindo MARTINEZ, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled June 18, 1998.

Attorney(s) appearing for the Case

Carl Barnhart, Weatherford, for Appellant.

Donald Schnebly, District Attorney, Edward D. Lewallen, Assistant District Attorney, Weatherford, for Appellee.

Before CAYCE, C.J., and LIVINGSTON and BRIGHAM, JJ.

OPINION

BRIGHAM, Justice.

I. Background

Appellant pleaded guilty to possession of more than five pounds and less than fifty pounds of marijuana, but pleaded not true to the enhancement paragraph in the indictment and elected to try his punishment to a jury. If true, the enhancement paragraph raised Appellant's possible punishment range from a third degree felony to a second degree felony. See Tex. Penal Code Ann. § 12.42(a)(3) (Vernon...

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