Walbey v. State

RAMEY, Justice.

Appellant was convicted of intentionally and knowingly possessing marijuana in a usable quantity of more than four ounces, and by the court sentenced to not less than two years nor more than ten years in addition to a $5,000 fine.

The search warrant which led to the discovery of three and seven-eighths pounds of marijuana permitted a search of “a private residence, apartment, located in the Willow Creek Apartments at 7575 Plum Creek Drive, apartment number 5406 [in Houston, Harris County, Texas].” The evidence produced at trial was found in an enclosed, locked front patio on the…