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MARTINEZ v. STATE

Nos. 50239 and 50240.

539 S.W.2d 885 (1976)

Diana G. MARTINEZ, Appellant, v. The STATE of Texas, Appellee. Hector C. MARTINEZ, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied March 10, 1976.

Attorney(s) appearing for the Case

Warren Weir, San Antonio, for appellants.

Ted Butler, Dist. Atty. and Michael Schill, Donald A. Roush, Jr., and Alan E. Battaglia, Asst. Dist. Attys., San Antonio, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

GREEN, Commissioner.

In a joint trial before a jury on separate indictments, appellants Diana G. Martinez and Hector C. Martinez were convicted of possession of a usable quantity of more than four ounces of marihuana. Punishment of appellant Diana G. Martinez was assessed by the court at five years, probated. The court assessed the punishment of appellant Hector C. Martinez at seven years' confinement.

Appellant Diana G. Martinez raises the...

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