Ex Parte Lemus

Victoriano Rivera Lemus, Jr., was indicted for trafficking in marijuana, unlawful possession of marijuana in the second degree, and unlawful possession of drug paraphernalia. A jury found Lemus not guilty of trafficking in marijuana but guilty of possession of marijuana and possession of drug paraphernalia. The trial court sentenced Lemus to two concurrent terms of one year in jail. For each conviction, the trial court ordered Lemus to pay a $2,000 fine, court costs, and $25 to the Crime Victims Compensation Fund. Lemus appealed his convictions to the Court of Criminals Appeals on the ground,…