TIMOTHY MCGUIRE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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In this case appellant was convicted of the crimes of possession of LSD and sale of LSD and sentenced by the court to two years for each conviction, the sentences to run concurrently. A review of the record on appeal indicates that the LSD possessed was the LSD sold thus in effect making the possession and sale a single transaction. Based upon the reasoning in Yost v. State, Fla.App.1971, 243 So.2d 469, only one sentence should have been imposed and that for the highest offense charged. See also Keenan v. State, Fla.App.1971, 253 So.2d 273; and Martin v. State, Fla.App.1971, 251 So.2d 283. In all other respects we are of the opinion that the appellant’s allegations of error are without merit. See Ramirez v. State, Fla.App.1970, 241 So.2d 744; Richardson v. State, Fla.1971, 246 So.2d 771; and Stunson v. State, Fla.App.1969, 228 So.2d 294.
Accordingly, the judgments as to the two counts are affirmed, but the sentences are vacated and the cause remanded with directions that the appellant be presented to the trial court and properly sentenced in accordance herewith.
Affirmed, in part; reversed, in part.
REED, C. J., and OWEN and MAGER, JJ., concur.
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Saviano v. State, 287 So. 2d 102 (Fla. 3d DCA 1973)…nvictions for the separaté dates should have been either for the sale or for the possession thereof, [*105] but not for both. Keenan v. State, Fla.App.1971, 253 So. 2d 273; Yost v. State, Fla.App.1971, 243 So. 2d 469; McGuire v. State, Fla.App.1972, 260 So. 2d 243. For the reasons stated, the judgment is reversed, and the cause is remanded for new trial. . That testimony as later given by the defendant, as to his dealings and conversations with Morehouse in this connection, included the following: “Q And wh…
Authorities Cited
- Richardson v. State, 246 So. 2d 771 (Fla. 1971)
- Yost v. State, 243 So. 2d 469 (Fla. 3d DCA 1971)
- Ramirez v. State, 241 So. 2d 744 (Fla. 4th DCA 1970)
- Stunson v. State, 228 So. 2d 294 (Fla. 3d DCA 1969)
- Martin v. State, 251 So. 2d 283 (Fla. 1st DCA 1971)
- Keenan v. State, 253 So. 2d 273 (Fla. 2d DCA 1971)