Brady v. State

OPINION

LATTIMORE, Justice.

Appellant, Shelba Brady, was convicted by a jury of possession of marijuana over four ounces. TEX.REV.CIV.STAT.ANN. art. 4476-15, sec. 4.051 (Vernon Supp.1989). The jury assessed punishment at two years in the Texas Department of Corrections and a $1500 fine sentence and fine probated for three years. Appellant has perfected this appeal.

We reverse.

On July 21, 1987, Lt. Larry Carter of the Hood County Sheriffs Department executed a search warrant at the home of Dempsey and Shelba Brady. Lt. Carter found drug paraphernalia and .71 ounces of marijuana under the bed in…