Wiggin v. State

OPINION

PARKS, Judge:

The appellant, David Leroy Wiggin, was tried by jury and convicted of Unlawful Possession of Marijuana With Intent to Distribute [63 O.S.Supp.1984, § 2-401(B)(2)], in Tulsa County District Court, Case No. CRF-85-1437, before the Honorable Clifford Hopper, District Judge. The jury set punishment at five (5) years imprisonment. Judgment and sentence was imposed accordingly. From this, appellant perfected this appeal. We reverse.

Because we find appellant’s propositions II and III to be determinative, only the facts which relate to these propositions will be addressed. On…