OPINION
BLISS, Presiding Judge:
The appellant, Sammy Dean Deer, hereinafter referred to as defendant, was charged, tried before a jury and convicted in the District Court of Lincoln County, Oklahoma, in Case Number CRF-73-124 of the crime of Unlawful Delivery of Marijuana. Punishment was assessed at a term of two (2) years in the state penitentiary. From a judgment and sentence consistent with said verdict, defendant has perfected his timely appeal.
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