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SMITH v. STATE

No. 10-04-00102-CR.

167 S.W.3d 44 (2005)

Stephen Shane SMITH, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Waco.

March 23, 2005.

Attorney(s) appearing for the Case

Sandy S. Gately, Gatesville, for appellant.

B.J. Shepherd, Hamilton County Dist. Atty., Martin L. Peterson, Hamilton County Asst. Dist. Atty., Meridian, for appellee.

Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.

OPINION

BILL VANCE, Justice.

Stephen Smith was convicted by a jury of tampering with equipment manufactured and used to hold anhydrous ammonia. TEX. HEALTH & SAFETY CODE ANN. § 504.002 (Vernon 2003). Stephen was tried jointly with his brother, Cody Smith.1 Stephen was subject to punishment for the offense under section 7.02 of the Penal Code. TEX. PEN.CODE ANN. § 7.02 (Vernon 2003). He was sentenced to seven years...

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