Nichols v. State

OPINION

COHEN, Justice.

Appellant was charged with possessing less than two ounces of marijuana. After the trial judge denied his motion to suppress, appellant pled no contest for agreed punishment of deferred adjudication of guilt for a period of six months and a $200 fine. We affirm.

At 3:30 a.m. on July 18, 1993, Deputy Tunches stopped appellant for running a stop sign. Upon inspecting appellant’s driver’s license, he saw that appellant was 19 years old, below the legal drinking age. Further, Tunches smelled alcohol coming from the car, and saw in plain view an empty beer can on the back…