State v. McKenney

The defendant pleaded guilty to possession of marijuana with intent to deliver and was sentenced to 6 months in the county jail. The defendant appeals on the ground that he should have been granted probation.

The defendant and a codefendant were both arrested and charged with possession of marijuana with intent to deliver. The officers found 18 pounds of marijuana in the defendant’s luggage. Admittedly defendant intended to sell the marijuana. Both individuals claimed the other was the prime instigator. Both pleaded guilty. Both received the same sentence.

The penalty for possession of…