Fulcher v. State

MEMORANDUM OPINION

Opinion by

KAREN ANGELINI, Justice.

Appellant, Melissa Ann Fulcher (“Ful-cher”), was found guilty of possession of a controlled substance weighing less than one gram. The trial court assessed punishment at one year’s confinement, fully probated, a $500.00 fine, and court costs. Fulcher’s sole point of error is that the trial court committed reversible error in failing to charge the required culpable mental state in the jury charge.

Statement of Facts

At approximately 2:00 a.m. on September 16, 2004, Deputy Amy Price (“Deputy Price”) of the Bandera County Sheriffs Department was…