See id.See Mar v. State, 814 S.W.2d 898, 900 (Tex.App.-San Antonio 1991, no pet.) (discounting officer's testimony that drugs discovered within a vehicle's trunk smelled, because the vehicle contained a partition between the trunk and passenger compartment); see also Oaks v. State, 642 S.W.2d 174, 177 (Tex.Crim.App. 1982) ("The appellant was standing either six to eight inches or two feet from the trash can where the heroin was found. . . . The majority of the Court of Appeals concluded the heroin was in plain view from appellant's location. This is not supported by the evidence.
The essential elements required to prove possession of marihuana are: (1) the accused exercised care, custody, management, or control of the contraband; and (2) the accused knew the substance possessed was contraband. Tex. Heath Safety Code Ann. ยง 481.121(a) (Vernon 2003); Mar v. State, 814 S.W.2d 898, 899 (Tex.App.-San Antonio 1991, no pet.). Possession of fifty pounds or less but more than five pounds of marihuana is a third-degree felony.