DUDLEY v. STATE

No. 09-00-481-CR.

58 S.W.3d 296 (2001)

Brandon Linn DUDLEY, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Beaumont.

Decided October 24, 2001.


Attorney(s) appearing for the Case

David W. Barlow, Beaumont, for appellant.

Tom Maness, Criminal District Attorney, Philip Babin, Assistant Criminal District Attorney, Beaumont, for state.

Before WALKER, C.J., BURGESS and GAULTNEY, JJ.


OPINION

RONALD L. WALKER, Chief Justice.

Beaumont police found Brandon Linn Dudley sitting in a car in possession of a styrofoam cup. When police sniffed the contents of the cup the smell of cough syrup was present. Laboratory testing later confirmed the presence of codeine in the liquid mixture contained in the cup. Dudley was indicted for possession of codeine as listed under Penalty Group 1 in the Health and Safety Code, in an amount of "four hundred...

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