EASILY v. STATE

No. 01-06-00322-CR.

248 S.W.3d 272 (2007)

Randy Darnell EASILY, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Dissenting Opinion October 4, 2007.

Discretionary Review Refused February 13, 2008.


Attorney(s) appearing for the Case

Nicole DeBorde, Houston, TX, for Appellant.

Charles A. Rosenthal, Jr., Dist. Atty.-Harris County, Bridget Holloway, Asst. Dist. Atty.-Harris County, Houston, TX, for state.

Panel consists of Chief Justice RADACK and Justices KEYES and HIGLEY.


Dissenting Opinion by Judge Keyes October 4, 2007.

OPINION

SHERRY RADACK, Chief Justice.

The first trial of appellant, Randy Darnell Easily, ended in a mistrial when the jury became deadlocked. In his second trial, a jury convicted appellant of felony possession of over 400 grams of the controlled substance, dihydrocodeinone (Vicodin). Appellant's conviction was enhanced by allegations of two prior felony offenses, to which appellant pleaded true...

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