Osban v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

TOM G. DAVIS, Judge.

A jury found appellant guilty of felony theft and assessed two years and a fine of $3,000. The Dallas Court of Appeals reversed in a published opinion. Osban v. State, 648 S.W.2d 790 (Tex.Cr.App. — Dallas 1983). The Court of Appeals held that the trial court erred in failing to suppress four handguns seized from the trunk of appellant’s car. The Court of Appeals further held that, with these items excluded, there was insufficient evidence to support the conviction, and directed the trial court to enter a verdict of…