Hernandez v. State

OPINION

ROBERTS, Judge.

This is an appeal from a conviction for possession of heroin. Appellant was found guilty in a bench trial upon his plea of not guilty and his punishment was assessed at 20 years’ confinement in the Texas Department of Corrections.

Appellant’s sole complaint is that the manner in which the heroin was recovered “shocks the conscience.” Rochin v. California, 342 U.S. 165, 172, 72 S.Ct. 205, 96 L.Ed. 183 (1952). His motion to suppress was overruled.

The record reflects that as two San Antonio police officers who were acting on a tip that appellant was in possession of heroin…