Black v. State

I respectfully dissent to the majority decision in this matter. I believe the legislative enactment denies the constitutional concept of equal protection, and is an encroachment into the judicial powers concerning the execution of judgments and sentences, as imposed by the trial court.

Defendant, age 22, was charged with the unlawful delivery of 11 oz. of marihuana to an undercover police officer on October 4, 1971. While represented by court appointed counsel, defendant entered a plea of guilty under the apparent belief he would be considered for a suspended sentence and placed on probation.…