Brown v. State

OPINION

JOHNSON, J., delivered the unanimous opinion of the Court.

In a trial before the court, appellant was convicted of taking marihuana into a correctional facility, 1 alleged to have occurred on or about February 17, 1998. The trial court assessed punishment at two years confinement in the institutional division of the Texas Department of Criminal Justice.

On appeal, a divided court of appeals sustained appellant’s second point of error and held that the evidence was legally insufficient to establish that he took marihuana into the jail voluntarily. Brown v. State, 35 S.W.3d 183, 189…