Barraza v. State

OPINION

CHAVEZ, Justice.

Rogelio Barraza appeals from a conviction for misdemeanor possession of marihuana. Appellant claims the trial court erred in failing to suppress the contraband seized because the underlying affidavit for the issuance of the search warrant did not set out probable cause. We agree and reverse the trial court.

At approximately 10:30 p.m. on April 21, 1992, Thomas J. Turner, a criminal investigator for the Victoria County Sheriffs Department received information which led him to believe that marihuana may be found at appellant’s residence. Thus, at 1:30 a.m., Turner appeared…