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PENA v. STATE

No. 10-03-00109-CR.

226 S.W.3d 634 (2007)

Jose PENA, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Waco.

May 2, 2007.

Attorney(s) appearing for the Case

Frank Blazek, Smither Martin Henderson & Blazek PC, Huntsville, R. Scott Ramsey, Houston, for appellant.

Whitney T. Smith, Leon County Dist. Atty., Centerville, Sue Korioth, Sue Korioth PC, Dallas, for appellee.

Prof. George Dix, University of Texas Law School, Keith S. Hampton, Austin, John R. Rolater, Jr., Asst. Dist. Atty. for Dallas County, Dallas, for other.

Harvey Angel, Gatesville, pro se.

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

OPINION ON REMAND

FELIPE REYNA, Justice.

A jury convicted Jose Pena of possessing marihuana in the amount of 5 pounds or more but less than 50 pounds and, after finding enhancement allegations true, assessed his punishment at life imprisonment. Pena contends in six points that: (1) the admission of evidence regarding the results of DPS lab testing of the plants seized from his van violated his rights under the Due Process Clause of the United States Constitution...

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