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AVERY v. STATE

No. 13-10-00339-CR.

341 S.W.3d 490 (2011)

Billie Jean AVERY, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Corpus Christi-Edinburg.

March 31, 2011.

Attorney(s) appearing for the Case

Ricardo Pumarejo Jr. , Kittleman, Thomas & Gonzales, McAllen, for Appellant.

Martha W. Warner , Dist. Atty., Beeville, Edward F. Shaughnessy III , San Antonio, for State.

Before Chief Justice VALDEZ and Justices RODRIGUEZ and PERKES.

OPINION

Opinion by Chief Justice VALDEZ.

Appellant, Billie Jean Avery, was charged by indictment with obtaining an increased quantity of a Schedule II controlled substance through the use of a fraudulent prescription form, a second-degree felony.1 See TEX. HEALTH & SAFETY CODE ANN. § 481.129(a)(5)(B), (d)(1) (Vernon 2010). After a jury trial, Avery was convicted of the underlying offense and was sentenced to twenty...

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