Holmes v. State

OPINION

LESLIE B. YATES, Justice.

Appellant was convicted of possession of a controlled substance and sentenced to six months in the Harris County Jail. In his sole issue, appellant argues the trial court erred in failing to instruct the jury in accordance with article 38.23 of the Texas Code of Criminal Procedure, which authorizes the jury to disregard any evidence it concludes was obtained illegally. See Tex. Code Crim. Proc. Ann. art. 38.23 (Vernon 2005). We agree, and thus we reverse appellant’s conviction and remand for a new trial.

At about 3:30 a.m. on May 16, 2005, two Houston police…