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BLACKMAN v. STATE

No. 01-08-00138-CR.

349 S.W.3d 10 (2009)

James BLACKMAN, Appellant, v. The STATE of Texas, Appellee.

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

Discretionary Review Granted June 16, 2010.

Attorney(s) appearing for the Case

Rosa Alexander Eliades , Houston, TX, for Appellant.

Mandy Goldman Miller , Assistant District Attorney, Houston, TX, for Appellee.

Panel consists of Justices JENNINGS, KEYES, and HIGLEY.

OPINION

TERRY JENNINGS, Justice.

We deny the State's motion for rehearing. See TEX.R.APP. P. 49.3. We withdraw our August 27, 2009 opinion, substitute this opinion in its place, and vacate our August 27, 2009 judgment.1

A jury found appellant, James Blackman, guilty of the offense of possession of a controlled substance, namely cocaine, with intent to deliver

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