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HUBERT v. STATE

No. 01-08-00186-CR.

312 S.W.3d 687 (2009)

Kenny HUBERT, Appellant, v. The STATE of Texas, Appellee.

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

Rehearing Overruled November 23, 2009.

Discretionary Review Refused March 31, 2010.

Attorney(s) appearing for the Case

Patrick F. McCann, Law Offices of Patrick F. McCann, Houston, TX, for Appellant.

Jessica A. McDonald, Assistant District Attorney, Houston, TX, for Appellee.

Panel consists of Justices BLAND, SHARP, and TAFT.

OPINION

JANE BLAND, Justice.

The State charged Kenny Hubert with possession of a controlled substance, phencyclidine, also known as PCP, weighing between four grams and two-hundred grams. See TEX. HEALTH & SAFETY CODE ANN. §§ 481.102(8) (Vernon 2003 & Supp. 2008), 481.115(d) (Vernon 2003). A jury found Hubert guilty. Hubert pleaded true to two enhancements, triggering a minimum sentence of twenty-five years' confinement. The jury...

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