Benavidez v. State

DAVIDSON, Judge.

This is a conviction for unlawfully possessing marijuana, with punishment assessed at seven years in the penitentiary.

Police officers apprehended appellant sitting in the cab of his truck while parked upon a street in the city of Galveston.

A search of the truck revealed a quantity of marijuana cigarettes, some on the front seat and on the floor board and others under the seat.

In his brief, appellant very frankly and properly admits that the error there relied upon for a reversal of the conviction was the admission in evidence of the cigarettes found in the truck, because such…