Warthen v. State

OPINION

BUSSEY, Judge:

The appellant Gary Curtis Warthen, hereinafter referred to as defendant, was charged in the District Court, Garfield County, Case No. CRF-75-363, with the offense of Unlawful Possession of Marihuana With the Intent to Distribute in violation of 63 O.S.1971, § 2-401. He was tried by a jury and convicted. Punishment was fixed at a fine of One Thousand ($1,000.00) Dollars and imprisonment for a term of four (4) years. From said judgment and sentence a timely appeal has been perfected.

Due to the nature of the determinative assignment of error advanced in defendant’s brief, a…