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STATE v. ROCHA

No. 829-97.

968 S.W.2d 360 (1998)

The STATE of Texas, Appellant, v. Ramiro Villela ROCHA, Appellee.

Court of Criminal Appeals of Texas, En Banc.

May 6, 1998.

Attorney(s) appearing for the Case

J.R. Bobby Flores, McAllen, for appellant.

Jeffrey L. Van Horn, Asst. State's Atty., Matthew Paul, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

PER CURIAM.

Appellee was assessed a controlled substances tax in the amount of $22,759.80. Appellee was later indicted for possessing controlled substances. He filed a motion to dismiss the indictment, claiming that his protection against double jeopardy would be violated by being prosecuted for possession of controlled substances after the State had already punished him by assessing a tax for possessing...

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