Johnson v. State

ON REHEARING

On May 8, 1984, this court unanimously affirmed this cause without opinion. 453 So.2d 8.

Because counsel has filed a request for a statement pursuant to Rule 39 (k) and Rule 40 ARAP, this court sets forth the following as its opinion.

Charlie Johnson was charged in a two count indictment with the unlawful sale of Diazepan, a controlled substance, in violation of the Alabama Uniform Controlled Substances Act of 1971. Following a jury trial, the appellant was found "guilty as charged". A sentencing hearing was conducted and no prior felonies were found, but the appellant was sentenced…