OPINION
BUSSEY, Judge:
James Edward Cook, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Payne County, Case No. CRF-76-287, for the offense Unlawful Delivery of Marijuana, in violation of 63 O.S.Supp. 1975, § 2-401. His punishment was fixed at two (2) years' imprisonment, with the final year suspended and from said judgment and sentence an appeal has been perfected...
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