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LAMBETH v. STATE

No. 2-04-140-CR.

221 S.W.3d 831 (2007)

Mickel Wayne LAMBETH, Jr., Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

April 5, 2007.

Attorney(s) appearing for the Case

Robert Kersey, Granbury, for appellant.

R. Kelton Conner, County Attorney, Stuart V. Neal, Assistant County Attorney, Hood County, Granbury, for appellee.

Before the court en banc.

OPINION ON REHEARING EN BANC

JOHN CAYCE, Chief Justice.

Following the issuance of our original opinion, appellant Mickel Wayne Lambeth, Jr. filed a motion for en banc rehearing. Appellant's motion for en banc rehearing is granted. We withdraw our opinion and judgment of November 23, 2005, and substitute the following in their place.

I. Introduction

Appellant appeals his conviction for possession of less than two ounces of marijuana. In...

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