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VALDEZ v. STATE

No. 53811.

555 S.W.2d 463 (1977)

Ben VALDEZ, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

September 14, 1977.

Attorney(s) appearing for the Case

Jerry D. Patchen, Houston, Gerald M. Birnberg, Bellaire, for appellant.

Carol S. Vance, Dist. Atty., Clyde F. DeWitt, III and Ken W. Sparks, Asst. Dist. Attys., Houston, Jim D. Vollers, State's Atty., David S. McAngus, Asst. State's Atty., Austin, for the 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

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