Raseley v. State
| Decision Date | 23 June 1971 |
| Docket Number | No. 43848,43848 |
| Citation | 470 S.W.2d 899 |
| Parties | Terry Lee RASELEY, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
Bonilla, De Pena, Read & Bonilla, by Gerald H. Beckman, Corpus Christi, for appellant.
F. T. Graham, Dist. Atty., and Menton Murray, Asst. Dist. Atty., Brownsville, and Jim D. Vollers, State's Atty., Austin, for the State.
The offense is the possession of marihuana; the punishment eighteen (18) years.
Several of the appellant's grounds of error relate to a search of an automobile parked adjacent to his apartment. Though traces of marihuana were found in different places in appellant's apartment, the great bulk of the contraband, approximately one hundred sixty pounds, was found in the trunk of an automobile. This is what occurred: Deputy Sheriff Charles Londrie received information from a confidential informer who had proved to be reliable that appellant was dealing in marihuana from the address given. City Police, Deputy Sheriffs and Customs Agents placed the apartment under surveillance. This began at 5 p.m. on Friday and was continued without interruption until Monday night at approximately 10 p.m. at which time a search warrant was executed. During this surveillance the officers observed appellant bring a large bag or package, which appeared to be heavy from the manner in which appellant carried it, out of the apartment and then stuffed it in the trunk of the automobile which he then backed out and parked at a new location also adjacent to the apartment.
As we construe the appellant's brief, his prime contention is that the search of the apartment was not illegal but that the search of the automobile was.
In his search of the apartment, Deputy Londrie, together with six other officers, found the following items: Two burnt seeds, believed to be marihuana, in an ashtray; a seed and plant fragments, believed to be marihuana, on a desk shelf; fragments of plant material, believed to be marihuana, on dirty T-shirts; three trunks which had a strong odor of marihuana and contained plant fragments, believed to be marihuana; three packs of cigarette papers; a Hanson scale; numerous bags of various descriptions; and a nine millimeter Llama pistol. Based on these findings, Deputy Londrie arrested appellant and proceeded to search his automobile. The previous information that Deputy Londrie had received, plus the results of the apartment search could very well lead a logical person to conclude that appellant had, at some time, kept a larger quantity of marihuana in his apartment. In addition, Deputy Londrie had...
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