Cheek v. State

OPINION

REX D. DAVIS, Chief Justice.

A jury convicted Carl Weston Cheek of possession of methamphetamine in an amount less than one gram and sentenced him to two years’ imprisonment. In his sole point of error, he asserts that the trial court erred by failing to charge the jury on the legality of the search.

Cheek contends that the jury charge should have included an instruction on the legality of the search under article 38.23 of the Texas Code of Criminal Procedure. See Tex.Code Crim. Pkoc. Ann. art. 38.23(a) (Vernon Supp.2001). Cheek contends that he objected to this omission at trial, but…