State's Motion for Rehearing Denied February 8, 1978.
This is an appeal from a conviction for sale of phentermine.
In reviewing the record we have determined that the judgment must be reversed because of unassigned error. Art. 40.09(13), Vernon's Ann.C.C.P.
In Riddle v. State, 560 S.W.2d 642 (Tex. Cr.App.1977), the defendant was charged with delivery of phentermine. In Riddle we held that there is no longer any penalty provided for the possession or delivery of phentermine. For the reasons stated in Riddle this rule also applies to this appellant's sale of phentermine.
Therefore, as in Riddle, the judgment must be reversed and the prosecution ordered dismissed.