Lighter v. State

OPINION

DIES, Chief Justice.

Appellant was convicted by a jury of the offense of aggravated sexual assault. Punishment was assessed by the jury at twelve years in the Texas Department of Corrections. Appeal has been perfected to this court.

Appellant’s first point of error complains of the admission of a photo album (showing sexually explicit photographs) seized under a search warrant “which was based upon an insufficient supporting affidavit.” Appellant bases his objection on TEX. CODE CRIM.PROC.ANN. art. 38.23 (Vernon 1979), in pertinent part:

“No evidence obtained by an officer or other person…