Fellows v. State

OPINION ¶1 Appellant, John C. Fellows, hereinafter referred to as defendant, was charged, tried, and convicted in the District Court of Cherokee County, Case No. CRF-71-44, for the crime of Unlawful Sale of Stimulant. The record reflects, however, that an erroneous judgment and sentence was entered on March 15, 1972, showing the defendant to have been convicted of Unlawful Sale of Marijuana, and sentenced to a term of one (1) year and one (1) day in the State Penitentiary. On November 22, 1972, the court entered a corrected judgment and sentence, properly reflecting that defendant was sentenced for the offense of Unlawful Sale of Stimulant. From that judgment and sentence, a timely appeal has been perfected to this Court.