OPINION
SIMMS, Judge.
Steve Kuerschner, hereinafter referred to as defendant, was charged in the District Court of Oklahoma County, Oklahoma, with the offense of Sale of Marijuana, and was later tried, found guilty and convicted by a jury. His punishment was fixed at a term of three (3) years in the state penitentiary, and from said judgment and sentence, a timely appeal has been perfected to this Court.
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