Sauls v. State

*188OPINION

BROOKSHIRE, Justice.

Appellant, Preston Lee Sauls, received jury conviction for attempting to acquire or obtain possession of a controlled substance (Phenmetrazine, Schedule II) by misrepresentation, fraud, deception, subterfuge and forgery. TEX.REY. ClV.STAT.ANN. art. 4476-15, Sec. 4.09(a)(3) and (b)(1); see also art. 4476-15, Sec. 2.04(e)(4) (Vernon Supp. 1982-1983). The punishment was enhanced to a first degree felony. TEX.PENAL CODE ANN. Sec. 12.42(b) (Vernon 1974). Punishment was assessed by the trial court at 30 years confinement.

Apparently, on September 1, 1982, by the Court of…