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STATE v. TONEY

No. 538-97.

979 S.W.2d 642 (1998)

The STATE of Texas, v. Mark Anthony TONEY, Appellant.

Court of Criminal Appeals of Texas, En Banc.

October 7, 1998.

Attorney(s) appearing for the Case

Kurt B. Wentz, Houston, for appellant.

Alan Curry, Asst. Dist. Atty., Houston, Matthew Paul, State's Atty., Austin, for State.

Before the court en banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

PRICE, Judge, delivered the opinion of the Court, in which BAIRD, OVERSTREET, MEYERS and MANSFIELD, Judges, joined.

Appellant was convicted of delivery of a controlled substance. Upon pleading "true" to two enhancement paragraphs, he was sentenced by the jury to 40 years imprisonment. On appeal, his fourth point of error alleged that the trial court committed reversible error when it failed to include...

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