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MARTINEZ v. STATE

No. 2124-00.

74 S.W.3d 19 (2002)

Rafael Garza MARTINEZ, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas, En Banc.

April 24, 2002.

Attorney(s) appearing for the Case

Charles A. Banker, III, McAllen, for Appellant.

Jim Vollers, Matthew Paul, State's Atty., Austin, for State.

Before the court en banc.

OPINION

JOHNSON, J., delivered the opinion of the Court, in which MEYERS, PRICE, KEASLER, HOLCOMB, and COCHRAN, JJ., joined.

Appellant was charged by indictment with the offense of possession of marijuana in an amount of 5 pounds or more but less than 50 pounds, alleged to have occurred on or about February 8, 1997. The record reflects that on February 8, 1997, while appellant was driving in Jackson County, he was stopped by a highway patrolman, who...

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