Smith v. State

Deen, Presiding Judge.

1. The evidence was sufficient to sustain the conviction under each count. A peace officer testified to seeing the pistol on the front floorboard of the defendant’s truck in which he was sitting, reaching through the truck window and retrieving it. A certified copy of a prior conviction for the felony of theft by taking was introduced with the consent of the defendant’s attorney. The officer also testified that he saw the marijuana in plain view in glassine bags within open paper bags in the back of the truck, along with various bottles containing pills. There was ample…