OPINION
BLISS, Judge:
Appellant, Joe Charles Avants, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Tulsa County, Case No. CRF-74-1099, for the offense of Unlawful Possession of Marihuana, Second Offense, in violation of 63 O.S. 1971, § 2-402, ¶ B2. His punishment was fixed at a term of five (5) years' imprisonment and from said judgment and sentence, defendant...
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