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NEWBY v. STATE

No. 06-04-00061-CR.

169 S.W.3d 413 (2005)

Robbie Lynn NEWBY, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Texarkana.

Decided July 8, 2005.

Attorney(s) appearing for the Case

James P. Wheeler, Quitman, for appellant.

Marcus D. Taylor, Dist. Atty., Henry Whitley, Special Asst. Dist. Atty., Quitman, for state.

Before MORRISS, C.J., ROSS and CARTER, JJ.

OPINION

Opinion by Justice ROSS.

Robbie Lynn Newby appeals his conviction and sentence for possession of marihuana in an amount greater than four ounces, but less than five pounds. See TEX. HEALTH & SAFETY CODE ANN. § 481.121(b)(3) (Vernon 2003). In a single point of error, Newby raises three issues: He challenges (1) the factual and (2) legal sufficiency of the evidence to support the finding that he used or exhibited a deadly weapon during...

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