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ROCHA v. STATE

NO. 01-13-00897-CR.

464 S.W.3d 410 (2015)

Cesar ROCHA, Appellant v. The STATE of Texas, Appellee.

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

Opinion issued March 12, 2015.

Attorney(s) appearing for the Case

John M. Bray , Oosterhof & Bray, PLLC, Dallas, TX, for Appellant.

Devon Anderson , Alan Curry , Assistant District Attorney, Houston, TX, for Appellee.

Panel consists of Justices Higley and Bland. En banc court consists of Chief Justice Radack and Justices Jennings, Keyes, Higley, Bland, Massengale, Brown, Huddle, and Lloyd.

OPINION ON REHEARING

A jury found Rocha guilty of possession of marijuana in a useable quantity of more than two ounces and less than four ounces and assessed his punishment at 270 days' confinement. On appeal, Rocha contends that the trial court erred in (1) denying his motion to dismiss, because the State's re-filing...

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