Ex Parte Evers

Dr. H. Ray Evers was indicted on two counts of "selling, furnishing, or giving away" amphetamines in violation of §20-2-70 (a), Code 1975. That statute provides in pertinent part:

"(a) Except as authorized by this chapter, any person who possesses, sells, furnishes, gives away, . . . controlled substances . . . is guilty of a felony and upon conviction, for the first offense may be imprisoned for not less than two nor more than fifteen years. . . ." (Emphasis added.)

The jury found him guilty on both counts and the trial court set sentence at five years' imprisonment. The appellate court…