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GASTON v. STATE

No. 01-01-01168-CR.

136 S.W.3d 315 (2004)

Lorie Brooks GASTON, Appellant, v. The STATE of Texas, Appellee.

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

April 29, 2004.

Attorney(s) appearing for the Case

Kyle B. Johnson, Houston, TX, for Appellant.

Charles A. Rosenthal, Jr., District Attorney-Harris County, Donald W. Rogers, Jr., Assistant District Attorney, Calvin Hartmann, Assistant District Attorney, William J. Delmore, III, Chief Prosecutor, Appellate Division, Houston, TX, for Appellee.

The original panel consisted of Justices TAFT, KEYES, and HIGLEY.

OPINION ON EN BANC CONSIDERATION

TIM TAFT, Justice.

A jury found appellant, Lorie Brooks Gaston, guilty of possession of cocaine weighing more than one gram and less than four grams.1 The jury found true the enhancement paragraph alleging a prior conviction for possession of cocaine and assessed appellant's punishment at 15 years in prison. We address whether appellant's trial counsel was ineffective because there was an actual...

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