Stephens v. State

OPINION

MURRY B. COHEN, Justice.

A jury convicted appellant of possession of cocaine weighing less than one gram, and the trial judge assessed punishment at one year in state jail. We reverse and remand.

Facts

On October 29, 1999, Officer Latin was conducting undercover surveillance in a parking lot while officers executed a search warrant inside a nearby apartment. A vehicle with Shari Marling, the driver, and appellant, the passenger, approached Officer Latin. Officer Latin determined that Marling wanted cocaine when Marling said, “I’m trying to get a 20,” which means $20 worth of drugs.…