Rodriguez v. State

On Appellant’s Motion for Rehearing

DAVIDSON, Judge.

Appellant’s motion for rehearing is granted, the affirmance is set aside, the prior opinion in this case is withdrawn, and the following is substituted therefor:

This is a conviction for possessing marihuana, with punishment assessed at twenty-five years’ confinement in the penitentiary.

Appellant was without and was unable to obtain counsel to represent him upon the trial of this case. At his request the trial court appointed an attorney to represent him.

*296After conviction and by motion for new trial, appellant challenged the adequacy and…