CHEEK v. STATE

No. 10-00-396-CR.

65 S.W.3d 728 (2001)

Carl Weston CHEEK, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Waco.

November 28, 2001.


Attorney(s) appearing for the Case

Robert Ford, Fort Worth, for appellant.

Patrick C. Batchelor, Navarro County Crim. Dist. Atty., James E. Lagomarsino, Navarro County Asst. Crim. Dist. Atty., Corsicana, for appellee.

Before Chief Justice DAVIS, Justice VANCE, and Justice GRAY.


OPINION

REX D. DAVIS, Chief Justice.

A jury convicted Carl Weston Cheek of possession of methamphetamine in an amount less than one gram and sentenced him to two years' imprisonment. In his sole point of error, he asserts that the trial court erred by failing to charge the jury on the legality of the search.

Cheek contends that the jury charge should have included an instruction on the legality of the search under article 38.23 of the Texas Code...

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