[Download] "Beaty v. State" by In the Court of Appeals Fifth District of Texas at Dallas # eBook PDF Kindle ePub Free
eBook details
- Title: Beaty v. State
- Author : In the Court of Appeals Fifth District of Texas at Dallas
- Release Date : January 16, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
Appellant, Dawn Kay Beaty, was charged under two separate indictments with having obtained controlled substances by forgery, under the provisions of Tex. Health & Safety Code Ann. Γ§ 481.129(a)(5)(A) & (B) (Vernon 2003). Because one of the controlled substances was listed in Schedule II of the Controlled Substances Act, and the other controlled substance was listed in Schedule IV, appellant was facing punishment exposure for both a second degree felony and a third degree felony. See Tex. Health & Safety Code Ann. Γ§ 481.129(d)(1) & (2) (Vernon 2003); Tex. Health & Safety Code Ann. Γ§ 481.032 (Vernon Supp. 2005). A consolidated trial was conducted on both charges with the jury finding appellant guilty in each cause. As appellant elected for the trial court to assess punishment, a Pre-Sentence Investigation was ordered. Thereafter, the trial court assessed punishment in each cause at confinement in the Texas Department of Criminal Justice - Correctional Institutions Division for a term of ten years, but suspended imposition of the sentences and placed appellant on community supervision for a period of ten years. In each appeal, appellant raises the identical issue, complaining of legally insufficient evidence to sustain the convictions "in that there is no evidence that Appellant knew that the prescription form used to obtain the controlled substance was forged." For the reasons stated below, we affirm the judgments in both causes.