Ellis v. State

AKIN, Justice.

Michael L. Ellis appeals from a conviction for the offense of keeping a gambling place, in violation of TEX. PENAL CODE ANN. § 47.04 (Vernon Supp.1984). The offense occurred in December 1981. Punishment, determined by the court after a jury verdict of guilty, was assessed at five years’ imprisonment, probated for ten years, and a fine of $2,000.00. We affirm the conviction because we hold that (1) appellant was not denied effective assistance of counsel by failure of his trial counsel to challenge the legality and fruits of a search for gambling paraphernalia; and (2) the…