UPCHURCH v. STATE

No. 01-99-00683-CR.

23 S.W.3d 536 (2000)

Brian Patrick UPCHURCH, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Overruled June 23, 2000.


Attorney(s) appearing for the Case

Alex G. Azzo, Houston, for appellant.

John B. Holmes, Carmen Castillo Mitchell, Houston, for State.

Panel consists of Justices COHEN, WILSON, and PRICE.


OPINION

MURRY B. COHEN, Justice.

The jury found appellant guilty of possession with intent to deliver between 4 and 20 grams of methamphetamine, and after he pled true to the enhancement paragraph, it assessed punishment at 30 years in prison. We reverse and remand for a new trial.

Facts

In the early hours of December 29, 1998, Houston police officers arrested Max Webb, who told them appellant may have drugs in his car. Surveillance began...

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