Tunnell v. State

OPINION

ROBERTS, Judge.

This is an appeal from a conviction for possession of less than two ounces of marihuana. Appellant was tried before the court, found guilty, and assessed a punishment of thirty days in jail and a fine of one hundred fifty dollars. Appellant was granted probation but was required to pay his fine as a condition of probation. See Art. 42.13, Sec. 5(b)(8); Batten v. State, 549 S.W.2d 718, 719, n.2 (Tex.Cr.App.1977).

Appellant’s sole contention is that the search which led to the discovery of the marihuana was the result of an illegal investigative detention. We agree and…