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ENRIQUEZ v. STATE

No. 724-99.

21 S.W.3d 277 (2000)

Blas A. ENRIQUEZ, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas, En Banc.

June 21, 2000.

Attorney(s) appearing for the Case

Gilbert A. Villareal, Houston, for appellant.

Rikke Burke Graber, Asst. Dist. Atty., Houston, Matthew Paul, State's Atty., Austin, for State.

Before the court en banc.

OPINION

McCORMICK, P.J., delivered the opinion of the Court in which MANSFIELD, KELLER, HOLLAND, WOMACK and KEASLER, JJ., joined.

A jury convicted appellant of delivery of between 50 and 2,000 pounds of marijuana which was packaged in 105 separate bundles. In a 2-1 decision the Court of Appeals decided appellant was entitled to a lesser-included offense jury instruction on delivery of more than 5 but less than 50 pounds of marijuana. Enriquez v...

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