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eBook details

• Title: Carlotta Marie Cooper v. State Texas
• Author : Fifth District, Dallas Court of Appeals of Texas
• Release Date : January 08, 1982
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

This is an appeal from a conviction for possession of marihuana under Tex. Rev. Civ. Stat. Ann. art. 4476-15, Sec. 4.05(a) (Vernon 1976) (the Controlled Substance Act). On original submission we held that the evidence is insufficient to sustain a conviction because there is no evidence regarding the quantity of marihuana possessed by appellant and, therefore, there is no evidence appellant possessed a usable amount of marihuana as required by the Controlled Substance Act. In its motion for rehearing, the State directs our attention to evidence proving that appellant possessed a usable quantity of marihuana. Accordingly, our prior opinion is withdrawn. Because of our prior disposition, we did not reach appellants grounds of error. Appellant contends the trial court erred in permitting the arresting officer to testify that the substance appellant possessed was marihuana because the officer was not sufficiently qualified as an expert in the identification of marihuana. Secondly, appellant contends the evidence is insufficient to sustain the conviction because the substance appellant possessed was not sufficiently identified as being marihauna. Finally, appellant contends the trial court erred in admitting evidence discovered as the result of an illegal search. We overrule appellants grounds of error and affirm.

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