BLACKBURN v. STATE

No. 10-90-135-CR.

820 S.W.2d 824 (1991)

Floyd BLACKBURN, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Waco.

Rehearing Denied July 11, 1991.

Discretionary Review Refused October 9, 1991.


Attorney(s) appearing for the Case

Lynn W. Malone, McDonald & Malone, Waco, for appellant.

John W. Segrest, Crim. Dist. Atty., Ed Lane, Asst. Dist. Atty., Waco, for appellee.

Before THOMAS, C.J., and CUMMINGS and VANCE, JJ.


OPINION

VANCE, Justice.

Appellant was convicted of possession of amphetamine less than 28 grams and assessed 10 years probation and a $10,000 fine. See Tex.Health & Safety Code Ann. § 481.116 (Vernon 1991); Tex.Penal Code Ann. § 12.34 (Vernon Supp.1991). We must decide if a photograph seized at Appellant's residence was properly admitted into evidence. Because the photograph was irrelevant and its admission into evidence harmed Appellant...

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