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PENA v. STATE

No. PD-0852-10.

353 S.W.3d 797 (2011)

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

Court of Criminal Appeals of Texas.

September 28, 2011.

Attorney(s) appearing for the Case

Scott Ramsey, Houston, for Appellant.

Sue Korioth, Special Prosecutor, Dallas, Lisa C. McMinn, State's Attorney, Austin, for State.

OPINION

HERVEY, J., delivered the opinion for a unanimous Court.

Appellant was indicted for possession of more than five but less than fifty pounds of marijuana. A jury found him guilty and sentenced him to life imprisonment as a habitual offender. The Waco Court of Appeals affirmed, rejecting Appellant's argument that Brady1 applied when the State failed to disclose to Appellant the audio portion of a videotape...

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