Johnson v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

A jury convicted appellant of delivery of a controlled substance and assessed punishment at confinement for six years, probated. The conviction was affirmed. Johnson v. State, 846 S.W.2d 373 (Tex.App.—Houston [14th], 1992). Appellant has filed a petition for discretionary review contending, inter alia, that the Court of Appeals erred in not considering all of the evidence in assaying the harm attendant to the introduction of evidence seized as a result of an illegal search. We agree.

The Court of Appeals held that the search was illegal…