(specially concurring) .
While I agree that the evidence is sufficient to sustain this conviction, I believe the sentence is excessive and should be modified to two (2) years. Throughout other portions of the State similar convictions of this nature are being assessed the two year sentence. Likewise, and notwithstanding the failure to provide the affidavit for continuance, I believe the court should have made some inquiry into the absence of the penitentiary witnesses and records. Five days prior to the trial, the defense counsel personally delivered the subpoenas to the Pittsburg County Sheriff’s Office for service, but they were not served on the prospective witnesses. This may be a process of preventing the defendant’s capability of offering a legitimate defense. Consequently, I believe the court should find out why the subpoenas were not served. To my way of thinking, this inquiry would better serve the ends of justice.