Montes v. State

OPINION ON REHEARING

BARAJAS, Chief Justice.

We grant Appellant’s motion for rehearing, withdraw our opinion and judgment of March 30,1994, and substitute the following opinion.

This is an appeal from a conviction for the offense of possession of a controlled substance under 28 grams. Upon a finding of guilt, the court assessed punishment at confinement in the Institutional Division of the Texas Department of Criminal Justice for a term of 10 years. In four points of error, Appellant contends that the trial court erred in failing to grant his motion to suppress the contraband that forms the…