Dudley v. State

I respectfully dissent to the disposition of point of error one. While this is an important case, it is a relatively simple one. Dudley attacks the legal sufficiency of the evidence concerning the concentration of the codeine possessed.

Dudley was originally indicted for possession of penalty group 1 codeine, but the State amended the indictment to allege possession of penalty group 4 codeine. The application paragraph of the jury charge instructed the jury to consider if Dudley “possessed a controlled substance listed in Penalty Group 4 of the Texas Controlled Substance Act, namely,…