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Lopez v. State

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OPINION

A jury convicted Appellant Arturo Arteaga Lopez of the offenses of delivery of 400 or more grams of cocaine and possession of 400 or more grams of cocaine with intent to deliver, and the trial court assessed his punishment for each offense at twenty-five years’ confinement. Appellant brings eight points on appeal challenging the trial court’s judgment. In points one through seven, Appellant complains of ineffective assistance of counsel. Appellant’s eighth point alleges that he was denied due process of law when he was convicted on both counts of the single indictment. We conclude that the record is insufficient to rebut the presumption that counsel’s decisions were products of reasonable trial strategy. Because we hold, however, that Appellant’s conviction and punishment on both offenses constituted a violation of the Double Jeopardy Clause, we vacate his conviction for possession of a controlled substance with intent to deliver and affirm his conviction for delivery of a controlled substance.

FACTUAL BACKGROUND

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