Capuchino v. State

OPINION

DOUGLAS, Judge.

The appeal is from a conviction for possession of marihuana. The trial was before the court on a plea of not guilty; the punishment was assessed at four years.

The sole issue presented on this appeal is whether probable cause existed for the search of appellant’s automobile and the seizure of the marihuana which was admitted into evidence at the trial.

The appellant’s brief was not timely filed under Article 40.09, Section 9, Vernon’s Ann.C.C.P. However, in the interest of justice under Section 13 of Article 40.09 his contention will be discussed.

Officer Chew of the Austin…