Benavides v. State

OPINION

JACK SMITH, Justice.

This is an appeal from a conviction of possession of marihuana, pursuant to a plea bargain. The Court sentenced the appellant to four years confinement and granted him permission to appeal his pre-trial motion to suppress the fruits of the search warrant.

The appellant raises four grounds of error on appeal. By his first two grounds of error, the appellant attacks the constitutionality and continuing validity of the statute under which he was convicted. By his last two grounds, he attacks the legality of the search warrant.

The appellant first alleges that the statute…