Texas Court of Appeals, 13th District March 31, 2011, 13-10-00339-CR (Avery v. State)

OPINION

Opinion by

Chief Justice VALDEZ.

Appellant, Billie Jean Avery, was charged by indictment with obtaining an increased quantity of a Schedule II controlled substance through the use of a fraudulent prescription form, a second-degree felony.1 See TEX. HEALTH & SAFETY CODE ANN. § 481.129(a)(5)(B), (d)(1) (Vernon 2010).