OPINION
BUSSEY, Presiding Judge:
Appellant, Ted Arthur Hubert, hereinafter referred to as defendant, was charged, tried and convicted in the District Court of Comanche County for the offense of Sale of Marijuana. His punishment was fixed at five (5) years imprisonment and a fine of Seven Hundred Fifty Dollars ($750.00), and from said judgment and sentence, a timely appeal has been perfected to this Court.
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