Wright v. State

OPINION

J., MEYERS, HOLLAND, and WOMACK, JJ.,

join.

These cases present two questions: (1) whether the Fourth Court of Appeals erred in holding that it is a defense to prosecution under Texas Health and Safety Code § 481.117(a) for possession of a controlled substance that the substance was obtained pursuant to a valid foreign prescription and brought into this country in accordance with federal law, and (2) whether the Fourth Court of Appeals erred in holding that the record evidence “establishe[d]” that defense.

The Relevant Facts

On December 11, 1995, a Frio County grand jury returned two…