Hyde v. State

LARRY G. SMITH, Judge.

Appellant appeals from an adjudication of guilty, pursuant to a jury verdict, and the imposition of a five year sentence for the offense of possession of more than 20 grams of marijuana. Appellant challenges the sufficiency of the evidence, and argues that the sentence was imposed in violation of North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656 (1969). We find no error in the submission of the case to the jury and therefore affirm the conviction. However, we find it necessary to reverse and remand for re-sentencing. Only the latter issue merits…