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Jenkins v. State

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OPINION

Pursuant to rule 50 of the Texas Rules of Appellate Procedure, we withdraw our earlier opinion issued on February 28, 2002, and substitute the following opinion. Tex. R. App. P. 50.

Appellant was charged by indictment with the offense of possession of more than fifty but less than 200 pounds of marihuana in cause no. 10,887, and possession with the intent to deliver 400 grams or more of cocaine in cause no. 10,888. The cases were consolidated for trial. A jury convicted appellant of each charged offense, and found appellant used or exhibited a deadly weapon in each case. The trial court assessed punishment at twenty years confinement in cause no. 10,887, and thirty-five years confinement and a fine of $5,000 in cause no. 10,888. Appellant raises five points of error. The first and third points contend the evidence is legally insufficient. We agree and reverse.

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