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BUERGER v. STATE

No. 14-00-00928-CR.

60 S.W.3d 358 (2001)

Mark E. BUERGER, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

November 1, 2001.

Attorney(s) appearing for the Case

Bruce Cameron Kaye, Houston, for appellant.

Rikke Burke Graber, Houston, for appellee.

Panel consists of Justices BRISTER, FOWLER, and SEYMORE.

CORRECTED OPINION

SEYMORE, Justice.

This court's opinion of October 4, 2001, is withdrawn, and this opinion is issued in its place.

Appellant, Mark E. Buerger, appeals his conviction for possession with intent to deliver cocaine, alleging the trial court erred in denying his motion for new trial, in predetermining his sentence, and in assessing a sentence that constituted cruel and unusual punishment. We affirm.

I. FACTUAL BACKGROUND

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