Capistran v. State

OPINION ON STATE’S AND APPELLANT’S MOTIONS FOR REHEARING

CLINTON, Judge.

This is an appeal from a conviction for possession of marihuana on appellant’s plea of not guilty; the trial court assessed punishment at five years confinement. Appellant presented six grounds of error to the Court Panel, the first of which contends that the trial court erred in receiving evidence without appellant’s written consent that it be stipulated, contrary to Article 1.15, V.A.C.C.P.1 The panel found *123there had not been a written agreement to stipulate, so “no evidence of guilt was introduced at the trial that we…