(Download) "Dudley v. State" by Texas Court of Appeals * Book PDF Kindle ePub Free
eBook details
- Title: Dudley v. State
- Author : Texas Court of Appeals
- Release Date : January 24, 2001
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
Beaumont police found Brandon Linn Dudley sitting in a car in possession of a styrofoam cup. When police sniffed the contents of the cup the smell of cough syrup was present. Laboratory testing later confirmed the presence of codeine in the liquid mixture contained in the cup. Dudley was indicted for possession of codeine as listed under Penalty Group 1 in the Health and Safety Code, in an amount of "four hundred (400) grams and more." See Tex. Health & Safety Code Ann. 481.115(a), (f) (Vernon Supp. 2001). Prior to trial, the State moved to amend the indictment to charge Dudley with the entirely separate offense of possession of codeine as listed under Penalty Group 4 of the Health and Safety Code, in an amount of "four hundred (400) grams and more." See Tex. Health & Safety Code Ann. 481.118(a), (e) (Vernon Supp. 2001). However, the jury convicted Dudley of having committed the lesser included offense of possession of codeine as listed in Penalty Group 4, in an amount of "200 grams or more but less than 400 grams."