Cantu v. State

OPINION

REEVES, Justice.

The appellant was convicted of aggravated possession of marijuana (possession of more than 50 pounds1) and sentenced to five years in prison. He argues that the trial court erred in: (1) admitting the marijuana he possessed because it was seized illegally; (2) not charging the jury on a lesser included offense; and (3) not charging the jury to determine the legality of the search. We affirm.

While patrolling at night on a section of road that lay within a mile of the Mexican border and was known as a dropoff point for smuggled drugs and aliens, Deputy Sheriff Garza…