Osbourn v. State

OPINION

MEYERS, J.,

delivered the unanimous opinion of the Court.

Appellant was convicted in a bench trial of possession of marihuana, a usable amount of less than two ounces. Punishment was assessed at twenty days’ confinement in the county jail. The Court of Appeals affirmed the trial court’s conviction. We granted review to decide whether the Court of Appeals erred when it held that the arresting officer’s identification of marihuana was admissible as a lay opinion under Texas Rule of Evidence 701. 1 We will affirm.

Appellant was the passenger in a vehicle that was stopped by Officer Nicole…