Oler v. State

OPINION

Opinion By

Justice LAGARDE.

Appellant Wendell Hollis Oler appeals his conviction, after a trial before the court, of knowingly and intentionally possessing and attempting to possess a controlled substance, to-wit: DILAUDID, the generic name being HYDROMOR-PHONE, by misrepresentation, fraud, forgery, deception, or subterfuge. See Tex. Health & Safety Code Ann. § 481.129(a)(4)(A) (Vernon Supp.1999). The court assessed punishment, enhanced by one prior conviction, at fifteen years’ confinement. Appellant raises two issues: (1) Was the evidence sufficient to sustain his conviction? and (2)…