JAN P. PATTERSON, Justice.
Our opinion and judgment issued on January 10, 2002 are withdrawn, and the following opinion is substituted.
A jury convicted appellant Jeffrey Walter Stefanoff of possessing four ounces or more but less than five pounds of marihuana. See Tex. Health & Safety Code Ann. § 481.121 (West Supp.2002). The trial court sentenced him to one year's confinement,
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