STEWART v. STATE

No. 01-93-00382-CR.

874 S.W.2d 752 (1994)

Carl Lee STEWART, Appellant, v. The STATE of Texas, Appellee.

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

Rehearing Denied May 19, 1994.


Attorney(s) appearing for the Case

Philip M. Blair, Bryan, for appellant.

Bill Turner, Dist. Atty., Lisa Tanner, Asst. Dist. Atty., Bryan, for appellee.

Before COHEN, WILSON and ANDELL, JJ.


OPINION

ANDELL, Justice.

In this appeal, we must decide whether the State may elicit testimony about narcotics trafficking from a law enforcement officer in order to qualify him as an expert on the use of drug paraphernalia, where the charged offense is drug possession, but not trafficking. We hold that it may not elicit such testimony for this purpose, and we reverse and remand.

A jury found appellant, Carl Lee Stewart, guilty...

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