Higgs v. State

OPINION

CANNON, Justice.

This is an appeal from a conviction for the felony offense of possession of a controlled substance. Upon a plea of not guilty, the court found appellant guilty as charged. Simultaneously, the trial judge overruled appellant’s Motion to Suppress Evidence. After a pre-sentence investiga*498tion, the court assessed punishment at ten years in the Texas Department of Corrections. Notice of appeal was timely filed. Appellant bases his appeal on four grounds of error; we sustain appellant’s third and fourth grounds of error and reverse.

In his third and fourth grounds of error,…