Oaks v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

ONION, Presiding Judge.

Appellant was convicted of possession of heroin in a bench trial and his punishment was assessed at three (3) years’ imprisonment.

The appellant contends in his sole ground of error the evidence is insufficient to sustain the judgment of conviction. Originally a panel of the Dallas Court of Appeals agreed with one judge dissenting. On rehearing before the Dallas Court of Appeals, en banc, the judgment of reversal was set aside and the conviction was affirmed in a 7-5 decision with dissenting opinions by Justice…