Doyle v. State

I agree that the search was not illegal, see Draper v. United States, 358 U.S. 307, 79 S.Ct. 329, 3 L.Ed.2d 327 (1959), and that Sally Doyle’s control of the car, joined with her admission, proves she knowingly possessed marihuana found in the passenger compartment, which was less than the four ounces alleged in the indictment. Unlike the majority and the court in Baty v. State, 734 S.W.2d 62 (Tex.App.—Dallas 1987, pet. ref’d), I would hold that Sally Doyle’s control of the car and admitted possession of marihuana in the passenger compartment raises an inference from which a rational jury…