Payne v. State

BOARDMAN, Acting Chief Judge.

Milton Brinkley Payne, Jr. appeals his conviction and sentence for attempted sale of marijuana. We reverse.

Appellant and codefendants Joe Clyde Hudson and John Frederick Payne, appellant’s brother, (hereinafter “Payne”) were charged by information with possession of more than twenty grams of marijuana and sale of marijuana. Appellant was tried by jury, acquitted on the possession charge, and convicted on the lesser included offense *1298of attempted sale of marijuana on the sale charge. He was sentenced to one year in prison. This appeal followed timely.

Jack…