Abell v. State

CRIST, Judge.

Appeal by the state from a ruling on a Rule 27.26 motion wherein movant’s fifty year sentence for the sale of marijuana was vacated and a lesser, ten year sentence, imposed. We reverse and remand with instructions to reinstate the fifty year sentence.

Movant was sixteen years old when first charged in juvenile court with the commission of six felonies in 1974, to-wit: (1) The sale of 100 amphetamine tablets; (2) The sale of 38.5 grams of marijuana; (3) The sale of .15 grams of phencyclidine; (4) The sale of .15 grams of amphetamine; (5) Possession of 76 grams of marijuana; and (6)…