Stewart v. State

OPINION

ANDELL, Justice.

In this appeal, we must decide whether the State may elicit testimony about narcotics trafficking from a law enforcement officer in order to qualify him as an expert on the use of drug paraphernalia, where the charged offense is drug possession^ but not trafficking. We hold that it may not elicit such testimony for this purpose, and we reverse and remand.

A jury found appellant, Carl Lee Stewart, guilty of possession of cocaine, found an enhancement paragraph true, and assessed punishment at 40-years confinement and a $3,000 fine. In six points of error, appellant…