Duff v. State

OPINION

ON APPELLANTS’ MOTION FOR REHEARING

BROWN, Commissioner.

Our prior opinion is withdrawn.

These are appeals from convictions for possession of marihuana. Appellants waived the right to a trial by jury and were tried before the court. Punishment was assessed at five years in the Texas Department of Corrections for appellant Duff and two years for appellant Pendley. Imposition of sentence was suspended and both appellants were placed on probation.

In addition to contesting the legality of the search of their automobile revealing the marihuana, appellant Pendley challenges the sufficiency of…