Valdez v. State

OPINION

GREEN, Commissioner.

In a trial before the court on a plea of not guilty, appellant was found guilty of possession of a usable amount of marihuana in excess of four ounces. Punishment was assessed at ten years, probated.

A review of the record discloses that fundamental error accompanied the admission of appellant’s stipulation of evidence, and upon the authority of Hughes v. State, Tex.Cr.App., 533 S.W.2d 824; Rodriquez v. State, Tex.Cr.App., 534 S.W.2d 335; Rangel v. State, Tex.Cr.App., 464 S.W.2d 858, and Elder v. State, Tex.Cr.App., 462 S.W.2d 6, the judgment must be reversed.

The…