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  5. 962 S.W.2d 663 (1998)
 

HOLMES v. STATE

No. 10-97-080-CR.

962 S.W.2d 663 (1998)

Michael Dwayne HOLMES, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Waco.

Rehearing Overruled March 11, 1998.

Attorney(s) appearing for the Case

George Roland, McKinney, for appellant.

Tom O'Connell, Criminal District Attorney, Julie Breedlove, Assistant District Attorney, McKinney, for appellee.

Before DAVIS, C.J., and CUMMINGS and VANCE, JJ.

OPINION

DAVIS, Chief Justice.

A jury convicted Appellant Michael Dwayne Holmes of possessing a usable quantity of marihuana in the amount of two ounces or less. See TEX. HEALTH & SAFETY CODE ANN. § 481.121(b)(1) (Vernon Supp. 1998). The court sentenced Holmes to 120 days' confinement in the county jail and a fine of $1,500.

Holmes contends in this appeal that the court erred...

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