No. CR76-170.

545 S.W.2d 639 (1977)

Jimmy Roy JOHNSON, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas, Division One.

January 31, 1977.

Attorney(s) appearing for the Case

Claude E. Lynch, Jr., Osceola, for appellant.

Jim Guy Tucker, Atty. Gen., by Joseph H. Purvis, Asst. Atty. Gen., Little Rock, for appellee.

BYRD, Justice.

From a jury verdict finding appellant Jimmy Roy Johnson guilty of selling a controlled substance (marijuana) and fixing the penalty at 8 years and a fine of $10,000 comes this appeal raising the issues hereinafter discussed.

POINT I. Appellant contends that the penalty provisions of Ark.Stat.Ann. § 82-2617(a)(1)(ii) (Supp.1975) and of Ark. Stat.Ann. § 82-2618(a)(2) (Supp.1975) are in irreconcilable conflict because the former makes...

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