Grady v. State

OPINION

TEAGUE, Judge.

Appellant appeals his conviction by a jury for possession of phentermine, a controlled substance. Art. 4476-15, V.A.C.S. The jury also assessed his punishment at five years’ confinement in the Texas Department of Corrections.

*317Appellant has presented us with only one ground of error in his appeal, and that is the trial court’s charge to the jury was rendered fundamentally erroneous because of the following parts of the charge:

Phentermine, an isomer of methamphetamine, is a controlled substance. (Emphasis Added).

Therefore, if you believe from the evidence beyond a reasonable…