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AVERY v. STATE

No. PD-0864-11.

359 S.W.3d 230 (2012)

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

Court of Criminal Appeals of Texas.

February 29, 2012.

Attorney(s) appearing for the Case

Ricardo Pumarejo, Jr. , Beeville, for Appellant.

John R. Messinger , Asst. State Prosecuting Atty., Lisa C. McMinn , State's Attorney, Austin, for State.

WOMACK, J., delivered the opinion of the unanimous Court.

The appellant was convicted of attempting to obtain a controlled substance "through use of a fraudulent prescription form."1 The Thirteenth Court of Appeals acquitted the appellant because it found no evidence that she used a fraudulent prescription form.2 We shall affirm the Court of Appeals's judgment, though we disagree with some of the Court's reasoning...

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