BROWN v. STATE

No. 04-94-00202-CR.

900 S.W.2d 805 (1995)

Ronald Ellis BROWN, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

Discretionary Review Refused September 13, 1995.


Attorney(s) appearing for the Case

John F. Carroll, San Antonio, for appellant.

Steven C. Hilbig, Criminal Dist. Atty., Barbara Hervey, Asst. Criminal Dist. Atty., San Antonio, for appellee.

Before RICKHOFF, LOPEZ and GREEN, Justices.


LOPEZ, Justice.

Appellant was convicted on one count of possession of less than 28 grams of cocaine. He asserts on appeal that the trial court erred in submitting possession to the jury as a lesser-included offense of possession with intent to deliver because prosecution on both offenses was barred by double jeopardy. We find that the charge of possession was not effectively waived, abandoned or dismissed by the State after jeopardy attached. Submission of both offenses...

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