ROONEY, Chief Justice.
A jury found appellant guilty of an unlawful delivery of Schedule I controlled substance, marijuana, in violation of § 35-7-1031(a)(ii), W.S. 1977. He was sentenced to two to four years in the Wyoming State Penitentiary. The limits set by the legislature for incarceration upon violation of this section are not less than one nor more than ten years.
Appellant words the issue on appeal as follows:
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