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BEATY v. STATE

Nos. 09-04-111 CR, 09-04-118 CR.

156 S.W.3d 905 (2005)

Dawn Kay BEATY, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Beaumont.

Delivered February 16, 2005.

Attorney(s) appearing for the Case

Tom Brown, Livingston, for appellant.

John S. Holleman, Criminal Dist. Atty., Jonathan Petix, Asst. Criminal Dist. Atty., Livingston, for appellee.

Before McKEITHEN, C.J., GAULTNEY and HORTON, JJ.

OPINION

STEVE McKEITHEN, Chief Justice.

Appellant, Dawn Kay Beaty, was charged under two separate indictments with having obtained controlled substances by forgery, under the provisions of Tex. Health & Safety Code Ann. § 481.129(a)(5)(A) & (B) (Vernon 2003).1 Because one of the controlled substances was listed in Schedule II of the Controlled Substances Act, and the other controlled substance was listed in Schedule...

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