Jones v. State

OPINION ON REHEARING

DAUPHINOT, Justice.

This court grants the State’s motion for rehearing in this case, and denies the State’s motion for rehearing en banc. The court is of the opinion that the relief requested by the State in its motion for rehearing should be denied. However, the opinions and judgment of May 9, 1996 are withdrawn and, in an effort to clarify, the following opinion is substituted.

Appellant William Jones was stopped one night in September when officers observed his truck pull out of a public park. One of the officers smelled marijuana on Jones and arrested him for being under…