Thomas v. State

DeCARLO, Judge.

This is an appeal from the circuit court of Russell County and is submitted to this court for review on brief of appellant and “notice of intention not to file brief” by appellee.

The appellee’s “notice” reads, in pertinent part, as follows:

“. . .in view of the fact that the defendant appears to be indicted for unlawful possession of phencyclidine and was allowed to plead guilty to the unlawful possession of marijuana, as shown by the amended judgment entry, the State must respectfully decline to file a brief herein. . . . ”

Briefly, the facts are that the appellant, James Edward…