SMITH v. STATE

No. 03-03-00299-CR.

149 S.W.3d 667 (2004)

Robert SMITH, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Austin.

Discretionary Review Refused September 22, 2004.


Attorney(s) appearing for the Case

David Michael Gonzalez, Kristin M. Etter, Sumpter & Gonzalez, Austin, for appellant.

Ronald Earle, Jade M. Meeker, Austin, for state.

Before Justices KIDD, B.A. SMITH and PEMBERTON.


OPINION

BEA ANN SMITH, Justice.

Robert Smith appeals his conviction for the offense of delivery of a controlled substance, for which he was sentenced to five years' imprisonment. In four points of error, Smith contends that article 35.07 of the Texas Code of Criminal Procedure violates his right to equal protection by requiring him, but not the prosecution, to present a signed affidavit with his motion ...

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