STATE v. ROBERTSON

No. 7221SC456.

189 S.E.2d 568 (1972)

STATE of North Carolina v. David Lee ROBERTSON, Jr.

Court of Appeals of North Carolina.

June 28, 1972.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, by Associate Atty. Gen. Henry E. Poole, for the State.

Eubanks & Sparrow, by Larry L. Eubanks, Winston-Salem, for defendant appellant.


MORRIS, Judge.

Defendant's sole contention on appeal is that he should be given the benefit of the reduced sentence provided under the North Carolina Controlled Substances Act, effective 1 January 1972, wherein a first offense of possession of marijuana is a misdemeanor punishable by not more than six months or $500 [G.S. § 90-95(e)]. Because the offense was committed prior to 1 January 1972, however, the pre-existing law as to prosecution and punishment under...

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