Avery, Billie Jean

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 and interpretation of the record.

I. Trial

The evidence showed that on January 15, 2009, the appellant complained to her doctor of knee and back pain and received from him a prescription for forty 2.5 milligram Lortab pills. Before she…