State v. Burkhardt

RENDLEN, Judge.

Defendant was convicted of possessing more than 35 grams of marihuana and punishment assessed at four years’ imprisonment. Her cache of contraband measured some 57,753 grams (127 pounds) exceeding by 57,718 grams the established limit of 35 grams1 necessary to assess punishment of five years in the state penitentiary. The single issue on appeal involves the trial court’s refusal to suppress as evidence the marihuana found in her car when stopped by state troopers following a traffic violation. A divided court of appeals held the trial court erred in not suppressing such…