State v. Perez

PRITCHARD, Chief Judge.

Appellant was convicted by the verdict of a jury in a second trial of the commission of the offenses of the sale of the controlled substances, secobarbital and pentobarbital, as charged in separate counts, to James W. Eapman and Robert T. Lawton, respectively. The jury was unable to agree upon the punishment, and the court therefore sentenced appellant to seven years imprisonment in the Department of Corrections upon each count of the indictment, to run concurrently.

Two points are made on this appeal. First, that because there was a variance in the charges and proof in…