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STATE v. WEBB

No. 2-97-617-CR, 2-97-737-CR.

980 S.W.2d 924 (1998)

The STATE Of Texas, State, v. Harvey Lee WEBB, Appellee, Harvey Lee WEBB, Appellant, v. The STATE Of Texas, State.

Court of Appeals of Texas, Fort Worth.

November 5, 1998.

Attorney(s) appearing for the Case

Tim Curry, Criminal District Attorney, Charles M. Mallin, Helena F. Faulkner, Ruben Gonzales, Bill Durkin, Assistant District Attorneys, Fort Worth, for Appellant/Appellee.

Davis McCown, Fort Worth, for Appellee/Appellant.

Before the court en banc.

OPINION ON REHEARING

HOLMAN, Justice.

The State's motion for rehearing en banc is granted. We withdraw our July 30, 1998 opinion and judgment and substitute the following.

I. INTRODUCTION

Harvey Lee Webb was charged with delivery of less than one gram of cocaine and less than one gram of heroin, but was convicted of the lesser offenses of possession of cocaine and heroin and sentenced to twenty...

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