Court of Criminal Appeals of Texas

Jerry G. Hernandez, Appellant v. the State of Texas, Appellee

July 7, 19761976 Tex. Crim. App. LEXIS 1003

Summary

The Court affirmed the trial court's order revoking the appellant's probation, holding that the evidence of marijuana possession was admissible, that the refusal to recall officers was harmless, and that the State proved by a preponderance of the evidence both possession and a usable quantity. The Court explained that any error in admitting allegedly unlawfully obtained evidence was waived by untimely objection, and that the evidence established an affirmative link between the appellant and the contraband.