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NEWBY v. STATE

No. 06-06-00211-CR.

229 S.W.3d 412 (2007)

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

Court of Appeals of Texas, Texarkana.

Decided June 1, 2007.

Rehearing Overruled July 24, 2007.

Attorney(s) appearing for the Case

Robbie Lynn Newby, Woodville, pro se.

Henry Whitley, Atty. Pro Tem for State, Holly Lake Ranchy, for appellee.

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

OPINION

Opinion by Justice CARTER.

A jury found Robbie Lynn Newby guilty of 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). That conviction was affirmed on direct appeal. Newby v. State, 169 S.W.3d 413 (Tex.App.-Texarkana 2005, pet. filed). Newby filed a post-conviction motion for DNA testing...

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