VICKNAIR v. STATE

No. 01-82-0155-CR.

670 S.W.2d 286 (1983)

James Wallace VICKNAIR, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Discretionary Review Granted April 18, 1984.


Attorney(s) appearing for the Case

Don Irvin, Houston, for appellant.

John Holmes, Houston, for appellee.

Before EVANS, C.J., and COHEN and DOYLE, JJ.


OPINION

COHEN, Justice.

Appellant was convicted of the felony offense of possession of marihuana in an amount more than five pounds and less than fifty pounds. Pursuant to a plea of bargain agreement, the court assessed punishment at 5 years confinement. We hold that the marihuana was seized as the result of an illegal arrest and, therefore, we reverse the judgment.

The appellant was arrested while driving...

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