Belmarez v. State

OPINION

McCLOUD, Commissioner.

This is an appeal from a conviction for unlawful possession of heroin. The jury found appellant guilty and the court, after finding appellant had been previously convicted of the same offense, assessed his punishment at confinement in the Texas Department of Corrections for twenty-five years.

Appellant contends the court erred, over his objection and exception to the charge, in failing to submit a charge on circumstantial evidence. We agree.

The record reflects that an automobile driven by appellant, and containing two other passengers, was stopped by officers…