Ryan v. State

OPINION

STOVER, Justice.

Appellant Margaret Elizabeth Ryan was convicted by a jury of two counts of possession of a controlled substance by fraud. The court assessed punishment and sentenced Ryan to forty years’ confinement in the Texas Department of Criminal Justice, Institutional Division.

FACTS

John Van Alstein, the managing pharmacist of Wal-Mart Pharmacy on Sawdust Road in The Woodlands, testified he received a telephone prescription for diazepam on February 18, 1994 for a Margaret Ryan. The person calling in the prescription identified herself as Dr. Bodas’ nurse. At trial, Van Alstein…