Court of Criminal Appeals of Oklahoma April 26, 1972, No. A-17151 (Evans v. State)

BRETT, Judge

(specially concurring).

Insofar as it appears that this is appellant’s first conviction for possession of marihuana, and because this appeal was pending when the present law was changed by the legislature, notwithstanding the provisions of 63 O.S.1971, § 2-601, I would modify this sentence to one year and affirm.