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ALLEN v. STATE

No. 10-06-00294-CR.

236 S.W.3d 818 (2007)

Larry Darnell ALLEN, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Waco.

August 22, 2007.

Attorney(s) appearing for the Case

Bill R. Turner, Brazos County Dist. Atty., Douglas Howell, III, Brazos County Asst. Dist. Atty., Bryan, for appellant.

Richard E. Wetzel, Austin, for appellee.

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

OPINION

BILL VANCE, Justice.

A jury found Appellant Larry Darnell Allen guilty of possession of cocaine (one gram or more and less than four grams) with intent to deliver. Finding two enhancement paragraphs to be true, the jury then assessed punishment at 75 years in prison. Allen appeals, raising three issues. We will affirm on guilt but reverse and remand for a new punishment hearing.

Background

Blake Vincent, a deputy constable, pulled...

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