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GALE v. STATE

No. 0688-98.

998 S.W.2d 221 (1999)

Gary Duane GALE, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas.

May 19, 1999.

Attorney(s) appearing for the Case

Carl E. Mallory, Arlington, for appellant.

Sylvia Mandel, Assist. DA, Fort Worth, Matthew Paul, State's Atty., Austin, for the State.

OPINION

PRICE, J., delivered the unanimous opinion of the Court.

Appellant was charged with the offense of possession of marijuana. He pled guilty to the charge and elected to have the jury assess punishment, pleading "not true" to the special issue involving a deadly weapon finding. The jury sentenced appellant to two years confinement and returned an affirmative finding on the deadly weapon special issue. Appellant appeals this finding, averring...

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