OPINION
BUSSEY, Judge:
This is an appeal from the District Court of Tulsa County, Case No. CRF-70-2005, where Bobby Dean Morris was charged with Possession of Marihuana in violation of 63 O.S. § 451, and after having waived jury trial, was tried by the court who found him guilty and sentenced him to serve three (3) years in the state penitentiary.
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