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HERNANDEZ v. STATE

No. 07-98-0322-CR.

13 S.W.3d 492 (2000)

Ricky HERNANDEZ, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Amarillo.

Rehearing Overruled March 28, 2000.

Attorney(s) appearing for the Case

Richard B. Gould, McAllen, for appellant.

State Attorney's Office, Matthew Paul, Austin, Lubbock County Attorney's Office, William C. Sowder, Wade Jackson, Lubbock, for appellee.

Before: BOYD, C.J., REAVIS, and JOHNSON, JJ.

PHIL JOHNSON, Justice.

Our opinion of January 5, 2000, is withdrawn and this opinion is substituted in its place. Our judgment of January 5, 2000, is also withdrawn and judgment affirming the trial court judgment is substituted in its place. TEX.R.APP.P. 50.

Appellant was convicted by a jury of possession with intent to deliver more than four grams but less than 200 grams of cocaine. The jury assessed his punishment at confinement for 25 years and a $6,000...

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