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BEAL v. STATE

No. 01-99-00140-CR.

109 S.W.3d 759 (2003)

Daniel Louis BEAL, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

April 10, 2003.

Attorney(s) appearing for the Case

George McCall Secrest, Jr., Bennett & Secrest, L.L.P., Ken J. McLean, Houston, for Appellant.

Gregory A. McGee, Asst. Dist. Atty., Houston, for Appellee.

Panel consists of Chief Justice RADACK and Justices NUCHIA, and HANKS.

SUPPLEMENTAL OPINION ON REMAND

SAM NUCHIA, Justice.

A jury found appellant guilty of possession of a controlled substance with the intent to deliver and made a finding that appellant used a deadly weapon. The trial court found an enhancement paragraph based on an aggravated robbery true and assessed punishment at confinement for 40 years. On appeal, appellant challenged the trial court's finding of true to the enhancement paragraph, claiming that the conviction...

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