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Avery v. State

Tex. Crim. App.

March 1, 2012

The appellant was convicted of allegedly attempting to obtain a controlled substance "through use of a fraudulent prescription form." The court of appeals acquitted the appellant because it found no evidence that she used a fraudulent prescription form. "Prescription form" refers to a pre-printed form designed to have prescription information written on it. The Legislature intended for there to be a legal distinction between prescription forms and completed prescriptions. The court of appeals' judgment is affirmed. Court of Criminal Appeals, No. PD-0864-11, 02-29-2012.

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