Dwayne Mitchell v. State

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-05-426-CR

DWAYNE MITCHELL APPELLANT

V

THE STATE OF TEXAS STATE

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FROM CRIMINAL DISTRICT COURT NO. 2 OF TARRANT COUNTY

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MEMORANDUM OPINION[1]

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A jury convicted appellant Dwayne Mitchell of knowingly possessing between one and four grams of a controlled substance, namely cocaine, and assessed his punishment at twelve years= confinement as a repeat offender. The trial court sentenced him accordingly.

In his first point, appellant contends that the jury charge was fundamentally defective because it authorized the…