Berry v. State

TYSON, Judge.

Lynn Berry was charged by indictment with the unlawful sale of marijuana, contrary to the provisions of Act No. 1407, Section 401(a), Acts of Alabama 1971, Regular Session.

The jury found the appellant “guilty as charged in the indictment”, and following a sentencing hearing, the appellant was sentenced to seven years’ imprisonment in the penitentiary.

Her retained counsel gave oral notice of appeal at this time. Thereafter, some confusion arose as to whether or not the appellant would be able to pay this counsel and subsequently this counsel requested the trial court to appoint…