Penton v. State

MAJORITY OPINION

Kem Thompson Frost, Chief Justice

Appellant Forest Penton, Jr. asserts the trial court erred in denying his motion to suppress and in rendering a judgment that recites he was convicted of delivery of methamphetamine, a first-degree felony, when, in fact he was convicted of possession of methamphetamine, a second-degree felony. We modify the judgment to reflect that appellant was convicted of the second-degree felony and affirm the judgment as modified.

BACKGROUND

Appellant was a passenger in his nephew’s car when Deputy Michael Santos noticed the traffic light turn yellow and the…