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RODRIGUEZ v. STATE

No. 290-01.

104 S.W.3d 87 (2003)

Johnny RODRIGUEZ, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas.

Dissenting Opinion on Denial of Rehearing May 21, 2003.

Attorney(s) appearing for the Case

Frank B. Suhr, New Braunfels, for Appellant.

Dib Waldrip, DA, New Braunfels, Matthew Paul, State's Attorney, Austin, for State.

OPINION

HERVEY, J., delivered the opinion of the Court in which KELLER, P.J., WOMACK, KEASLER and HOLCOMB, JJ., joined.

When a defendant has been charged with delivering cocaine to a minor "on or about" a certain date and the minor testifies that the defendant delivered cocaine to her "maybe 20 or 30 times" during the nine-month period preceding this date, has the minor provided testimony of offenses extraneous to the charged offense? No. And, can...

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