Ex Parte Ashcraft

OPINION

DALLY, Judge.

This is a post-conviction writ of habeas corpus proceeding. See Art. 11.07, V.A.C. C.P. The petitioner was convicted for possessing “phentermine, an isomer of methamphetamine,” and is serving the sentence for that conviction.

The petitioner, relying on Riddle v. State, 560 S.W.2d 642 (Tex.Cr.App.1977), and Lumberas v. State, 560 S.W.2d 644 (Tex.Cr.App.1977), asserts that his conviction for the possession of phentermine is void and that he is entitled to be released from confinement.

The defendants in Riddle v. State, supra, and Lumberas v. State, supra, were prosecuted for…