State v. Johnston

ORDER SUBSTITUTING OPINION

The court granted the appellant’s petition for rehearing in this case. After hearing oral arguments, it is hereby ordered that Opinion No. 96-UP-229 is withdrawn and the attached opinion is substituted.

/s/ C. Tolbert Goolsby, Jr., J. /s/ Thomas E. Huff, J. /s/ William L. Howard, Sr., J. HOWARD, Judge:

Karen Johnston was convicted of simple possession of marijuana and conspiracy to possess marijuana with the intent to distribute. She received a ten year concurrent sentence on the conspiracy charge, which facially appears to exceed the maximum allowable sentence under…