Miller v. State

OPINION

UTTER, Justice.

Appellant plead guilty to possession of more than four (4) ounces but less than five (5) pounds of marihuana. Punishment was assessed at confinement in the Texas Department of Corrections for ten (10) years, probated for five (5) years, and a fine of $2500.00. Prior to the entry of his guilty plea, appellant filed a motion to suppress challenging the sufficiency of the search warrant. The motion was denied. We reverse and remand.

In his first ground of error, appellant contends that the search warrant was invalid because it lacked the signature of the magistrate issuing…