OPINION
BUSSEY, Presiding Judge:
Appellant, Lewis C. Thomas, hereinafter referred to as defendant, was charged in the District Court, Carter County, Case No. CRF-76-13, for the offense of Cultivating Marijuana, in violation of 63 O.S.Supp. 1977, § 2-509. A jury assessed punishment at five (5) years' imprisonment. From said judgment and sentence the defendant has perfected an appeal to this Court.
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