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  5. 962 S.W.2d 264 (1998)
 

AGUIRRE-MATA v. STATE

No. 01-96-01147-CR.

962 S.W.2d 264 (1998)

Marcelino AGUIRRE-MATA, Appellant, v. The STATE of Texas, Appellee.

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

Rehearing Overruled March 9, 1998.

Attorney(s) appearing for the Case

Tony Aninao, Houston, for Appellant.

John B. Holmes, Alan Curry, Houston, Appellee.

Before COHEN, O'CONNOR and ANDELL, JJ.

OPINION

COHEN, Justice.

Appellant pleaded not guilty to a jury to possession of a controlled substance with intent to deliver. After jury selection, appellant withdrew his not guilty plea and pleaded guilty before the jury. The jury found appellant guilty and assessed punishment at 99 years in prison and a $250,000 fine. We reverse and remand.

Facts

Appellant attempted to smuggle more than 600 grams of heroin through Houston Intercontinental...

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