Floyd Blackburn v. State

OPINION

VANCE, Justice.

Appellant was convicted of possession of amphetamine less than 28 grams and assessed 10 years probation and a $10,000 fine. See Tex.Health & Safety Code Ann. § 481.116 (Vernon 1991); Tex.Penal Code Ann. § 12.34 (Vernon Supp.1991). We must decide if a photograph seized at Appellant’s residence was properly admitted into evidence. Because the photograph was irrelevant and its admission into evidence harmed Appellant, we reverse the judgment.

During the execution of a search warrant at Appellant’s residence, a package of amphetamine powder, guns, ammunition, jewelry, two…