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CAMPBELL v. STATE

No. PD-0404-07.

237 S.W.3d 712 (2007)

Benny Lee CAMPBELL, Appellant v. The STATE of Texas.

Court of Criminal Appeals of Texas.

Rehearing Denied November 7, 2007.

Attorney(s) appearing for the Case

Stan Brown, Abilene, TX, for Appellant.

Patricia K. Dyer, Assistant District Attorney, Abilene, Matthew Paul, State's Atty., Austin, for State.

KELLER, P.J., delivered the opinion of the Court in which PRICE, WOMACK, JOHNSON, KEASLER, HERVEY, HOLCOMB and COCHRAN, JJ., joined.

The question in this case is whether the sentence that the trial judge orally pronounced was for (1) possession of less than one gram of cocaine in a drug-free zone (a state jail felony enhanced to a third degree felony, which was further enhanced by two prior convictions to first-degree habitual status), or (2) the simple possession...

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