Arnett v. State

OPINION

BUSSEY, Judge:

Michael Eugene Arnett and Richard Erick Arnett appeal from a conviction for Unlawful Delivery of Marijuana, in violation of Laws 1975, ch. 22, § 1, now 63 O.S.Supp.1980, § 2-401, in the District Court of Custer County, Case No. CRF-79-36. The trial court sentenced the appellants in accordance with the jury’s verdict of three (3) years’ imprisonment.

After the appellants were arrested, they pleaded guilty before the Honorable Charles Wilson. A presentence report was prepared that recommended probation for both defendants. However, Judge Wilson imposed a sentence of three…