Gomez v. State , 1977 Okla. Crim. App. LEXIS 527 ( 1977 )

BRETT, Judge,

dissents:

I respectfully dissent to this decision for the reason I fail to find sufficient connection between the defendant and the alleged marihuana; and, because the chain of custody of the contraband is not sufficiently shown. Likewise, I believe the defendant was entitled to a continuance because of the absent witness. It was not until time for trial that defense counsel learned that the witness was not present.

I recommend to counsel to apply for a suspended sentence under the provisions of 22 O.S. 1971, § 994.