Cavaness v. State

CORNISH, Judge:

Gary Lee Cavaness has appealed his conviction in the District Court, Washington County, of Possession of Marihuana. In his appeal he attacks the constitutionality of the statute under which he was convicted and raises several procedural errors. He also complains of the prosecutor’s closing argument and alleges that he was denied a deferred or suspended sentence as punishment for asserting his right to a jury trial. The evidence presented at the trial showed that on May 1,1976, the residence shared by the appellant and another person was burglarized and the appellant’s roommate…