OPINION
BUSSEY, Judge:
Appellant, Gailon Henry Smith, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Carter County, for the offense of Unlawful Delivery of Marijuana. His punishment was fixed at two (2) years imprisonment and a fine in the amount of one dollar ($1.00) and from said judgment and sentence, a timely appeal has been perfected to this Court.
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