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STATE v. MASSEY

No. 11-02-00321-CR.

132 S.W.3d 68 (2004)

STATE of Texas, Appellant, v. John Steven MASSEY, Appellee.

Court of Appeals of Texas, Eastland.

February 26, 2004.

Attorney(s) appearing for the Case

James Eidson, District Attorney, Patricia Dyer, Assistant, Criminal District Attorney's Office, Abilene, for appellant.

Bill Fisher, Abilene, for appellee.

Panel consists of: ARNOT, C.J., and WRIGHT, J., and McCALL, J.

Opinion

W.G. ARNOT, III, Chief Justice.

The jury convicted John Steven Massey of the offense of possession of a controlled substance, to-wit: methamphetamine. The trial court assessed his punishment at confinement in the Institutional Division of the Texas Department of Criminal Justice for a term of five years. The trial court subsequently entered an order granting appellee a new trial. The State appeals the trial court's order granting a new trial as permitted...

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