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Korell v. State

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OPINION

A jury found Preston James Korell guilty of possessing methamphetamine in an amount greater than four grams but less than 200 grams with intent to deliver, a first-degree felony. See Tex. Health & Safety Code Ann. § 481.112 (West 2003). Korell elected to have the jury assess punishment, and the jury assessed ten years’ confinement and a $10,000 fine. Korell’s criminal responsibility for the offense was proved primarily through the testimony of two witnesses, William Kaman and Kristin Clem. The district court instructed the jury that Kaman was an accomplice as a matter of law but submitted the question of Clem’s status as an accomplice to the jury as a fact question. By two points of error, Korell argues that the trial court should have found that Clem was an accomplice as a matter of law and that, as an accomplice, her testimony could not be used to corroborate Kaman’s testimony connecting Korell to the contraband. We will affirm the judgment of conviction.

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