Vicknair v. State

OPINION

COHEN, Justice.

Appellant was convicted of the felony offense of possession of marihuana in an amount more than five pounds and less than fifty pounds. Pursuant to a plea of bargain agreement, the court assessed punishment at 5 years confinement. We hold that the marihuana was seized as the result of an illegal arrest and, therefore, we reverse the judgment.

*287The appellant was arrested while driving his automobile for what the arresting officer characterized as “an equipment violation”, namely, “a defective taillight with a cracked lens and white light showing to the rear of the vehicle…