Gutierrez v. State

OPINION

BELCHER, Judge.

The conviction is for the possession of marihuana with a prior conviction for the same offense alleged for enhancement. The punishment was assessed at ten years.

For reversal, the appellant urges error on the ground that there is a very serious question about the chain of possession of the marihuana which was reportedly found in the car of the appellant on the night that he was apprehended.

Officer Lackey testified that he took the paper bag found in appellant’s automobile (State’s Exhibit Number One) home with him on the night in question and kept it until the next day…