Adkins v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

W.C. DAVIS, Judge.

Appellant was convicted of possession of tetrahydrocannabinol, a Schedule I controlled substance, and sentenced to fifteen years’ incarceration in the Texas Department of Corrections.

The El Paso Court of Appeals, after finding appellant’s conviction invalid under this Court’s holding in Ex parte Crisp, 661 S.W.2d 944 (Tex.Cr.App.1982), went on to hold, inter alia, that exigent circumstances can never be relied upon to uphold a search when a warrant was actually obtained. Adkins v. State, 675 S.W.2d 604 (Tex.App.—El Paso…