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MILLER v. STATE

No. 1939-99.

36 S.W.3d 503 (2001)

Deleslyn Lightsey MILLER, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas, En Banc.

January 17, 2001.

Attorney(s) appearing for the Case

Ken Mahaffey, Austin, for Appellant.

Philip A. Nelson, Jr., Asst. Dist. Atty., Matthew Paul, State's Atty., Austin, for the State.

OPINION

HOLLAND, J., delivered the opinion of the Court in which KELLER, P.J., and MEYERS, PRICE, JOHNSON, KEASLER, HERVEY, and HOLCOMB, J.J., joined.

Appellant was indicted for delivery of less than one gram of cocaine, which is a state jail felony. See Tex. Health & Safety Code Ann. § 481.112. The indictment also alleged that appellant had twice before been convicted of felony offenses. See Tex. Penal Code Ann. § 12.42...

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