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MARTINEZ v. STATE

No. 1255-98.

4 S.W.3d 758 (1999)

Marshall Galindo MARTINEZ, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas.

October 27, 1999.

Attorney(s) appearing for the Case

Carl Barnhart, Fort Worth, for appellant.

Edward D. Lewallen, Assist. DA, Weatherford, Betty Marshall, Assist. State's Atty., Austin, Matthew Paul, State's Atty., Austin, for the State.

The opinion was delivered PER CURIAM.

Appellant pled guilty to possession of more than five pounds but less than fifty pounds of marijuana. He elected to have a jury assess punishment, and he pled "not true" to the enhancement paragraph alleged in the indictment. The punishment charge instructed the jury that it must determine whether the enhancement allegation was true beyond a reasonable doubt, but the charge did not define "reasonable doubt" and appellant did not...

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