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GIBSON v. STATE

No. 07-06-0099-CR.

253 S.W.3d 709 (2007)

Charles Ray GIBSON, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Amarillo.

Rehearing Overruled November 19, 2007.

Discretionary Review Refused April 9, 2008.

Attorney(s) appearing for the Case

Melissa Jo McNamara, Lubbock, TX, for Appellant.

Ramon Gallegos, Jason Bujnosek, Brownfield, TX, for Appellee.

Before CAMPBELL and HANCOCK and PIRTLE, JJ.

OPINION

MACKEY K. HANCOCK, Justice.

Appellant, Charles Ray Gibson, Jr., appeals his conviction for possession of a controlled substance (cocaine) and sentence of 99 years incarceration in the Institutional Division of the Texas Department of Criminal Justice. We reverse.

Background

On October 1, 2004 at around 11:15 p.m., Rose Waitman called the Brownfield Police Department out of concern that...

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