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QUESADA v. STATE

No. 04-07-00615-CR.

398 S.W.3d 731 (2009)

Antonio Marcelo QUESADA, Appellant v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

March 18, 2009.

Attorney(s) appearing for the Case

Deborah D. Letz , Assistant Appellate Public Defender, San Antonio, TX, for Appellant.

K.H. Schneider , County Attomey-Bandera County, Bandera, TX, for Appellee.

Sitting: SANDEE BRYAN MARION, Justice, PHYLIS J. SPEEDLIN, Justice, MARIALYN BARNARD, Justice.

OPINION

Opinion by PHYLIS J. SPEEDLIN, Justice.

Antonio Marcelo Quesada appeals his conviction and sentence for possession of marijuana, arguing that the trial court erred in submitting the jury charge on punishment. We reverse and remand for a new trial on punishment.

BACKGROUND

A jury found Quesada guilty of misdemeanor possession of marijuana, four ounces or less but more than two ounces. TEX. HEALTH & SAFETY CODE ANN. § 481...

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