Brothers v. State

Ei.sijank T. Roy, Justice.

Appellant Daniel Eugene Brothers was convicted of possession of a controlled substance with intent to deliver, under Ark. Stat. Ann. § 82-2617(a) (Supp. 1975), and sentenced to 6 years in the Arkansas Department of Correction and fined $1,000. From that conviction Brothers appeals.

His first contention is that the charge should be reduced to a misdemeanor because the penalty provisions of § 82-2617(a)(l )(ii) and of § 82-2618(a)(2) are conflicting since the former makes possession with intent to deliver marijuana a felony while the latter makes it a misdemeanor.

Appella…