Pickett v. State

District Court of Appeal of Florida

Pickett v. State

316 So. 2d 307, 1975 Fla. App. LEXIS 14228

District Court of Appeal of Florida·Decided July 14, 1975·No. No. W-490·Published

Opinion

PER CURIAM.

Defendant was charged with possession and sale of heroin. The jury found him guilty of both charges. The trial court sentenced defendant to five years on each charge to run concurrently. Defendant appealed, contending the trial court erred in sentencing defendant on both charges as they arose out of the same transaction.

Defendant is correct. See Martin v. State, 251 So.2d 283 (Fla.App.1971).

The sentence of five years on the sale of heroin is affirmed. The sentence of five years on the possession of heroin is set aside.

Affirmed in part and reversed in part.

BOYER, C. J., and MILLS and Mc-CORD, JJ., concur.

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PER CURIAM.

Defendant was charged with possession and sale of heroin. The jury found him guilty of both charges. The trial court sentenced defendant to five years on each charge to run concurrently. Defendant appealed, contending the trial court erred in sentencing defendant on both charges as they arose out of the same transaction.

Defendant is correct. See Martin v. State, 251 So.2d 283 (Fla.App.1971).

The sentence of five years on the sale of heroin is affirmed. The sentence of five years on the possession of heroin is set aside.

Affirmed in part and reversed in part.

BOYER, C. J., and MILLS and Mc-CORD, JJ., concur.

Pickett v. State, 316 So. 2d 307, 1975 Fla. App. LEXIS 14228 (Fla. Ct. App. 1975).

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