PENNINGTON v. STATE

No. CR 91-46.

808 S.W.2d 780 (1991)

305 Ark. 507

Paul PENNINGTON, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

May 20, 1991.


Attorney(s) appearing for the Case

William R. Simpson, Little Rock, for appellant.

Clint Miller, Asst. Atty. Gen., Little Rock, for appellee.


CORBIN, Justice.

The appellant was found guilty of possession of cocaine with intent to deliver and sentenced to five years imprisonment under Ark.Code Ann. § 5-64-401(a)(1)(i) (1987) of the Uniform Controlled Substances Act. That section of the Act covers Schedule I or II controlled substances. On appeal, he claims the trial judge erred in stating he could not consider appellant's request for probation. We agree with appellant's contention and remand this case...

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