Gary Hawkins Reece V. State Texas (06/09/94‪)‬

The jury found appellant, Gary Hawkins Reece, guilty of possession with intent to deliver less than 28 grams of cocaine. The trial court found one enhancement paragraph of the indictment to be true and assessed punishment at 45-years confinement. In six points of error, appellant contends that the trial court erred: (1) by failing to instruct the jury on probable cause for an arrest and search; (2) by excluding testimony regarding the warrantless arrest by Houston Police Department officers Rick Thomas and A.D. Brown; and (3) by allowing Officer Brown's opinion testimony about the reason appellant was in the parking lot. Appellant further argues that: (4) the evidence was insufficient to prove his possession of cocaine with intent to deliver; and (5) the State withheld certain exculpatory information from appellant. We reverse the trial court's judgment and remand for a new trial.