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It was error for the trial court to overrule the appellant's hearsay objection to the question about the weight in this case. Excluding the erroneously admitted evidence from consideration, there is no evidence of the amount of cocaine. And because there is a lower step or offense -- possession of less than one gram -- the evidence that appellant is guilty of possession of cocaine greater than one gram and less than four grams is not overwhelming.
August 23, 2004 at 12:00 AM
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The original version of this story was published on Texas Lawyer
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