DANHOF, J.
On March 26, 1971, defendant entered a plea of guilty to unlawful possession of marijuana, MCLA 335.153; MSA 18.1123. He was sentenced to 4-1/2 to 10 years in prison. Defendant's motion for a new trial was denied and he has appealed his conviction.
On March 9, 1972, the Supreme Court of this state decided People v Sinclair,
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