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BROWN v. STATE

No. 288-01.

89 S.W.3d 630 (2002)

Rashann Maurice BROWN, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas, En Banc.

November 13, 2002.

Attorney(s) appearing for the Case

Paul E. Fulbright, Corsicana, for Appellant.

Matthew Paul, State's Attorney, Austin, for State.

Before the court en banc.

OPINION

JOHNSON, J., delivered the unanimous opinion of the Court.

In a trial before the court, appellant was convicted of taking marihuana into a correctional facility,1 alleged to have occurred on or about February 17, 1998. The trial court assessed punishment at two years confinement in the institutional division of the Texas Department of Criminal Justice.

On appeal, a divided court of appeals sustained appellant...

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