Stull v. State

ON MOTION FOR REHEARING

CARROLL, Justice.

Our opinion of November 5,1986, is withdrawn.

Appellant was convicted in a bench trial of possession of less than 28 grams of tetrahydrocannabinol in the form of hashish. Tex.Rev.Civ.Stat.Ann. art. 4476-15 §§ 4.02(c)(1) and 4.041(a) (Supp.1987). The trial court assessed punishment at imprisonment for three years, probated, and a fine of $300. In his sole point of error, appellant contends the evidence of his possession of hashish was the product of an unlawful warrantless search and arrest.

The only evidence at trial was the testimony of Lakeway Police…