Kosanda v. State

McCLUNG, Justice.

Appellant, on five years’ probation for burglary, was convicted of cocaine possession in a trial before the court. The trial court assessed a five-year sentence for cocaine possession and revoked appellant’s probation. Appellant appeals both the conviction and probation revocation. In one of his points of error, he contends that during the proceedings, evidence was admitted in violation of article 38.23 of the Texas Code of Criminal Procedure. We agree. The judgments of the trial court are reversed and the cases remanded for further proceedings.

Appellant was detained by a…