Avery v. State (Original)
Annotate this CaseDefendant was convicted of attempting to obtain a controlled substance "through use of a fraudulent prescription form." The court of appeals acquitted defendant because it found no evidence that she used a fraudulent prescription form after she attempted to scribble out a prescription for "2.5" milligram Lortab pills and make it look like "7.5." The court concluded that the State charged defendant with attempting to obtain a controlled substance "through use of a fraudulent prescription form." It then adduced evidence that defendant fraudulently altered information that was handwritten on a legitimate prescription form. While this evidence would have supported a conviction had the State charged defendant using other statutory manner and means that were available, the evidence does not support a conviction for the offense that was actually charged. Accordingly, the court agreed with the court of appeals judgment, albeit for different reasons, and affirmed the judgment of acquittal.
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