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McCLAIN v. STATE

No. F-79-687.

628 P.2d 380 (1981)

Avery Eugene McCLAIN, Appellant, v. The STATE of Oklahoma, Appellee.

Court of Criminal Appeals of Oklahoma.

May 6, 1981.

Attorney(s) appearing for the Case

Ralph D. Huchteman, Norman, for appellant.

Jan Eric Cartwright, Atty. Gen., William Roy Holton, Jr., Asst. Atty. Gen., Oklahoma City, for appellee.

MEMORANDUM OPINION

BUSSEY, Judge:

The appellant, Avery Eugene McClain, hereinafter referred to as the defendant, was convicted in a non-jury trial in the District Court of Cleveland County, Case No. CRF-78-444, for the offense of Possession of Marijuana with Intent to Distribute, After Former Conviction of a Felony, pursuant to 63 O.S.Supp. 1978, § 2-401 (B)(1), and 21 O.S.Supp. 1978, § 51. On May 29, 1979, he was sentenced to four (4) years' ...

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