State v. Carper

MILLER, Chief Justice:

Harry Carper pleaded guilty to the delivery of less than fifteen grams of marihuana without remuneration and was sentenced by the Circuit Court of Nicholas County to serve one to five years in the penitentiary and fined $10,000. The defendant appeals this conviction on the ground that he was entitled to mandatory probation. 1 After analyzing the relevant statutes, we conclude the defendant’s argument has merit.

On February 20, 1984, the defendant delivered 9.6 grams of marihuana without remuneration to an acquaintance who later turned out to be an informant. The informant…