McKenney v. State

Birdsong, Judge.

Michael McKenney was convicted of possession of marijuana in violation of the Controlled Substances Act. He was sentenced to ten years, five to serve and five on probation with a $2,000 fine payable at the rate of $100 per month commencing at the beginning of the period of probation. McKenney brings this appeal enumerating three procedural errors. Held:

1. Enumerations 1 and 3 contend the state announced in the presence of the assembled jurors (but before a jury of twelve was impaneled) that McKenney had withdrawn a guilty plea and further that the transcript thereafter failed…