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eBook details

• Title: Rankin v. State
• Author : First Court of Appeals State of Texas
• Release Date : January 10, 1996
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 46 KB

Description

Delivered January 10, 1996 Petition For Discretionary Review from the First Court of Appeals (Harris County) OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW Appellant was convicted by jury of possession of a controlled substance, namely cocaine, weighing less than 28 grams. Appellant pled true to two enhancement counts, and the jury assessed punishment at twenty-five years' confinement. The Court of Appeals reversed the conviction in an opinion on motion for rehearing. Rankin v. State, 881 S.W.2d 14 (Tex.App.--Houston [1st] 1994). We granted the State's petition for discretionary review in order to address whether the Court of Appeals erred in holding that appellant admitted to committing an extraneous offense, and whether the Court of Appeals erred in holding that the trial prosecutor could not argue that the jury could find the appellant guilty based upon the judicial admission. We reverse the judgment of the Court of Appeals. The State presented evidence at trial that a rock of crack cocaine was found underneath the seat of a patrol car where the appellant had been sitting. The appellant testified that he had been in possession of a rock of crack cocaine on the same day that he was arrested and rode in the patrol car, but that the rock of crack cocaine found in the patrol car was not his. Appellant's wife also testified that appellant had been in possession of a rock of crack cocaine on the day in question, but he had thrown it down the sink in their home.

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