James Fountain v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-17-00699-CR James Fountain, Appellant v. The State of Texas, Appellee FROM THE DISTRICT COURT OF TRAVIS COUNTY, 167TH JUDICIAL DISTRICT NO. D-1-DC-13-300388, HONORABLE P. DAVID WAHLBERG, JUDGE PRESIDING MEMORANDUM OPINION James Fountain appeals his conviction for the third-degree felony of fraudulent possession of a controlled substance. See Tex. Health & Safety Code § 481.129(a)(5). In his only issue on appeal, Fountain contends that his sentence is outside the punishment range for fraudulently “attempting” to obtain a controlled…