Carver v. State

OPINION

CANNON, Justice.

Appellant entered a plea of not guilty before a jury to the offense of possession of a controlled substance, methamphetamine, in an amount of more than 28 grams but less than 400 grams. Tex.Rev. Civ.Stat.Ann., art. 4476-15 § 4.08(d). He was convicted and the jury assessed pun*870ishment, enhanced under Tex.Penal Code Ann. § 12.42(d) at imprisonment for thirty years. We reverse and remand.

In two points of error appellant challenges the validity of the search which led to the discovery of the contraband resulting in this prosecution. In his first point of error, appellant…