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Court of Criminal Appeals of Texas, 1977

Lumberas v. State

Lumberas v. State
Court of Criminal Appeals of Texas · Decided November 16, 1977 · Roberts
560 S.W.2d 644; 1977 Tex. Crim. App. LEXIS 1279 (South Western Reporter, Second Series)

Lumberas v. State

Opinion

*645 OPINION

ROBERTS, Judge.

This is an appeal from a conviction for sale of phentermine. 1 After finding appellant guilty, the jury assessed appellant’s punishment at nine years’ confinement.

In reviewing the record we have determined that the judgment must be reversed because of unassigned error. Art. 40.09(13), Vernon’s Ann.C.C.P.

In Riddle v. State, 560 S.W.2d 642 (Tex.Cr.App. 1977), the defendant was charged with delivery of phentermine. In Riddle we held that there is no longer any penalty provided for the possession or delivery of phentermine. For the reasons stated in Riddle this rule also applies to this appellant’s sale of phentermine. 2

Therefore, as in Riddle, the judgment must be reversed and the prosecution ordered dismissed.

1

. On September 15, 1976, in an unpublished opinion, this appeal was dismissed for want of jurisdiction. The appeal is now reinstated.

2

. As in Riddle, the appellant was alleged to have committed the offense after the date phentermine was added to Schedule IV of the Controlled Substances Act. See footnote 2 of the Riddle opinion.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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