Gaston v. State

OPINION

WOODLEY, Presiding Judge.

The appeal is from a conviction for the unlawful possession of marihuana, a narcotic drug (Art. 725b Vernon’s Ann.P.C.).

Trial was before a jury on a plea of not guilty. The jury found appellant guilty. Appellant withdrew her request that the jury assess the punishment and elected to have the court assess the punishment and pass on her application for probation. Her punishment was assessed by the court at nine years in the Texas Department of Corrections, and probation was granted. She appeals from such conviction. (Art. 42.12 (8) and Art. 44.08(b) Vernon’s…