State v. Raybould

KRUCKER, Chief Judge.

Appeal by William Raybould, defendant below, who entered a plea of guilty to a charge of possession of marijuana. The only question raised by this appeal .is whether a sentence of not less than four years nor more than eight years is excessive, amounting to cruel and unusual punishment, or an abuse of discretion on the part of the trial judge.

The material facts are most simple. On April 5, 1971, the defendant was present in court for sentencing on his prior plea of guilty. He and his wife were sitting behind a prisoner, one Kenneth Davis, and it is alleged that the…