Leroy Vernon Drennon, Jr. v. Norman B. Hess and the Attorney General, State of Oklahoma, Respondents

After examining the briefs and the appellate record, this three-judge panel has determined unanimously that oral argument would not be of material assistance in the determination of this appeal. See Fed.R. App.P. 34(a); Tenth Circuit R. 10(e). The cause is therefore ordered submitted without oral argument.

Appellant was convicted by a jury of attempting to obtain controlled drugs by forged prescription, after former conviction of two felonies, in violation of Okla.Stat. Ann. tit. 63, § 2-407 (1971); Okla.Stat.Ann. tit. 21 § 51(B) (Supp.1976). Section 51(B), a recidivist provision, required…