Avery v. State

OPINION

ROBERTS, Judge.

This is an appeal from a conviction for keeping a gambling place. The jury assessed punishment at seven years’ confinement in the Texas Department of Corrections.

The record reflects that on November 3, 1974, several law enforcement officials entered appellant’s apartment in Amarillo, armed with a search warrant. While inside, they arrested the appellant and searched the apartment pursuant to the warrant. They seized items of gambling paraphernalia and tape recorded incoming phone calls while they were there. This evidence formed the basis of appellant’s conviction.

Appella…