COLLIE BROWN, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
Amended Opinion
The defendant-petitioner was tried and found guilty in the Criminal Court of Record of Dade County of the possession of lottery tickets. Upon appeal to the circuit court the judgment and sentence was affirmed. His petition for writ of certiorari filed in this court seeks reversal upon the ground that essential requirements of law were not observed in that his conviction was based upon (a) an illegal arrest (b) the admission of evidence obtained upon an illegal search.
The certified transcript of the record of the proceedings fails to substantiate the allegations of the petition and the petition for certiorari is denied.
Denied.
CARROLL, CHAS., C. J., and HORTON and PEARSON, JJ., concur.
On Petition for Rehearing
Upon petition for rehearing the opinion of the court has been amended and the petition for rehearing has been considered as directed to the opinion as amended. Thereupon the petition for rehearing is denied.
Denied.
CARROLL, CHAS., C. J., and HORTON and PEARSON, JJ., concur.
On Petition for Rehearing
PER CURIAM.
Upon petition for rehearing the opinion of the court has been amended and the petition for rehearing has been considered as directed to the opinion as amended. Thereupon the petition for rehearing is denied.
Denied.
CARROLL, CHAS., C. J., and HORTON and PEARSON, JJ., concur.
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Mercer Scott v. State, 358 So. 2d 266 (Fla. 3d DCA 1978)…ed a transcript of the hearing where testimony was presented to prove the subject offenses of sale and possession. The record having failed to substantiate that a single transaction was involved, no error has been made to appear. See Brown v. State, 110 So. 2d 94 (Fla.3d DCA 1959); Suiero v. State, 248 So. 2d 219 (Fla.4th DCA 1971). Further, assuming ar-guendo that the record substantiated defendant’s claim of a single transaction, then sentence should have been imposed only for the higher offense; in this c…