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ON MOTION FOR REHEARING

Our opinion and judgment issued on January 10, 2002 are withdrawn, and the following opinion is substituted.

A jury convicted appellant Jeffrey Walter Stefanoff of possessing four ounces or more but less than five pounds of marihuana. See Tex. Health & Safety Code Ann. � 481.121 (West Supp. 2002). The trial court sentenced him to one year’s confinement, probated for two years, and imposed a $2,500 fine, $1,500 being probated. As a condition of appellant’s probation, the trial court ordered him to enter the substance abuse felony punishment program and, prior to entry into such program, required appellant to serve seven days in jail as a detoxification period. By six points of error, appellant challenges his conviction and sentence. In one counterpoint, the State challenges the trial court’s submission of appellant’s necessity defense to the jury. We affirm the trial court’s judgment and sentence as modified.

 
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