Avery v. State

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-five years’ confinement in the Institutional Division of the Texas Department of Criminal Justice with a $1,500 fine.2 On appeal, Avery argues that the trial court erred in denying…