Lemons v. State

OPINION

EVELYN V. KEYES, Justice.

Appellant, James R. Lemons, was convicted by a jury for the misdemeanor offense of possession of marihuana weighing two ounces or less. 1 The jury sentenced him to 90 days’ imprisonment and a $1,000 fíne. In one issue presented, appellant argues that he was denied effective assistance of counsel. We affirm.

Background

Prior to trial, appellant filed a motion to suppress the marihuana, claiming that the arresting officer, Officer Davis McGann, had no reasonable suspicion to conduct the pat-down of appellant which resulted in the narcotics recovery. At the motion…