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Milburn v. State

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eBook details

  • Title: Milburn v. State
  • Author : Texas Court of Appeals
  • Release Date : January 04, 1998
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 56 KB

Description

Affirmed in Part and Reversed and Remanded in Part On Appeal from the 184th District Court Harris County, Texas Trial Court Cause No. 697,520 Appellant, Kim Allen Milburn, was convicted of possession with intent to deliver cocaine weighing at least 400 grams. See Tex. Health and Safety Code § 481.112(f) (Vernon 1994). In his sole point of error, appellant contends the trial court erred in denying his motion for new trial based on ineffective assistance of counsel. We affirm in part and reverse and remand in part. Background On June 30, 1995, as part of an ongoing narcotics investigation, Houston Police Officer Eller set up surveillance at an apartment complex. That afternoon, Officer Eller saw Douglas Hooey, Edmond Routt, Madelyn Woodson, and appellant leaving an apartment. Hooey was carrying a diaper bag over his shoulder, and Routt was holding a white plastic bag. As the group walked to the parking lot, Routt handed the plastic bag to appellant. Hooey and Woodson left in one car, and Routt and appellant left in another. Officer Eller called for assistance and followed the two cars out of the apartment complex.


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