Garcia v. State

OPINION ON MOTION TO ABATE APPEAL

Appellant was convicted by a jury of the offense of aggravated possession of marihuana and sentenced to fifty years imprisonment in the penitentiary and a fine of $5000.00.

On appeal, the Fourth Court of Appeals reversed the conviction and ordered an acquittal, holding that there was insufficient evidence to support the conviction because there existed a reasonable hypothesis other than the guilt of the accused. Garcia v. State, 790 S.W.2d 22 (Tex.App.—San Antonio 1990). We granted the State’s petition for discretionary review. In an opinion delivered June 3,…