McCoy v. State

OPINION

BUSSEY, Judge.

Alvin Aaron McCoy was convicted of Unlawful Possession of Marijuana, Second Offense, in Tulsa County District Court in a non-jury trial. He received a sentence of two years’ imprisonment.

Appellant first asserts that the State failed to prove at trial he had previously been convicted of a drug related offense, thus preventing him from being lawfully convicted of a second offense under 63 O.S.1981, § 2-402(B)(2) (currently found at 63 O.S.Supp.1984, § 2-402(B)(2)). Under this statute, a first offense is a misdemean- or and a second offense is a felony.

Our review of the…