Alaniz v. State, 43092
| Decision Date | 28 October 1970 |
| Docket Number | No. 43092,43092 |
| Citation | 458 S.W.2d 813 |
| Parties | Victor ALANIZ, Jr. and Jose Blanco Villarreal, Appellants, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
McKeithan & Ellis by Bill Ellis, Jr., McAllen, for Victor Alaniz, Jr.
Pena, McDonald & Gutierrez, by Roman Gutierrez, Edinburg, for Jose Blanco Villarreal.
Oscar B. McInnis, Dist. Atty., Joe A. Cisneron and Arthur L. Gallucci, Asst. Dist. Attys., Edinburg, and Jim D. Vollers, State's Atty., Austin, for the State.
The appellants, Alaniz and Villarreal, were convicted in a joint trial for the possession of marihuana. The punishment of each was assessed at two years.
Officers Avila and Ocana of the City of Mission Police Department, at approximately five o'clock in the afternoon, were patrolling a gravel road which was described as a lovers lane and a favorite place for parking and drinking. They saw a station wagon, occupied by two men, and a pickup truck parked on the side of the road. The officers passed the vehicles, turned back and approached the vehicles from behind and then saw Alaniz, who was on the passenger side of the station wagon, open the right front door and throw out what appeared to be a 'wadded up paper.'
The officers stopped, and Officer Avila picked up the paper which contained what appeared to be marihuana. They placed the appellants under arrest and took them to the police station where they were searched, and dustings were taken from their pockets. Cigarette papers were found in Villarreal's pocket. The officers returned to the place where the paper was found on the ground and found a marihuana cigarette. The contents of the paper that was thrown from the station wagon and the dustings from the pockets of the appellants were analyzed by Dr. H. E. Whigham. His testimony shows that the paper contained four grams of crushed marihuana leaves, stems and seeds, and that the dustings from their pockets contained fragments of marihuana.
Appellant Alaniz testified that he did not know what was in the paper, and that Villarreal handed it to him and told him three or four times to throw it, and he just tossed it out of the station wagon.
It is contended that the arrest was illegal and that the evidence from their pockets was obtained as a result of an illegal search.
Article 14.01(b), Vernon's Ann.C.C.P., provides:
'A peace officer may arrest an offender without a warrant for any offense committed in his presence or within his...
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...similar on the facts. Somewhat analogous is the court's rejection of the defendant's alternative explanation in Alaniz v. State, 458 S.W.2d 813, 814 (Tex.Cr.App.1970). In Hernandez v. State, 538 S.W.2d 127 (Tex.Cr.App.1976), the "affirmative links" test was applied to uphold an order revoki......
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...724 (Tex.Cr.App.1973); and "the accused's action toward the contraband may show his intent to violate the statute," Alaniz v. State, 458 S.W.2d 813 (Tex.Cr.App.1970). The opinion then "An examination of the record in the present case shows that there is sufficient evidence to affirmatively ......
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