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MERRILL v. STATE

No. CR 82-95.

640 S.W.2d 787 (1982)

277 Ark. 146

Clarence MERRILL, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

Rehearing Denied November 15, 1982.

Attorney(s) appearing for the Case

Jeff Duty, Rogers, for appellant.

Steve Clark, Atty. Gen. by Theodore Holder, Asst. Atty. Gen., Little Rock, for appellee.

GEORGE ROSE SMITH, Justice.

Earlier this year Merrill pleaded guilty to a felony charge, the sale of marihuana, and was sentenced to 7 years' imprisonment. By a petition under Criminal Procedure Rule 37 he seeks to have the sentence reduced, on the ground that a 1979 amendment to the Drug Abuse Control Act had the effect of reducing the offense to a misdemeanor, with a maximum punishment of a $1,000 fine. This appeal from...

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