WILLIAM H. JONES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1972-07-21
No. 71-717
REED, C. J., MAGER, J., and LESTER, IGNATIUS M., Associate Judge, concur.
265 So. 2d 514 Florida District Court of Appeal, Fourth District (1972) Positive Treatment
Cited by 8 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

We have reviewed the briefs and record on appeal and heard oral argument. On the basis thereof, we are of the opinion that the cocaine the appellant was convicted of possessing was the cocaine appellant was convicted of selling, thereby, in effect making the possession and sale a single transaction. Based on the reasoning in Yost v. State, Fla.App.1971, 243 So.2d 469, only one sentence should have been imposed and that for the higher offense.

Accordingly, since no other reversible error has been demonstrated 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., MAGER, J., and LESTER, IGNATIUS M., Associate Judge, concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Caivano v. State, 276 So. 2d 245 (Fla. 2d DCA 1973)
    …y one sentence should have been imposed, and that for the highest offense charged. Yost v. State, Fla.App.1971, 243 So. 2d 469; Martin v. State, Fla.App.1971, 251 So. 2d 283; Brown v. State, Fla.App.1972, 264 So. 2d 28; Jones v. State, Fla.App.1972, 265 So. 2d 514. We have examined the other points raised on appeal and find them to be without merit. [*246] The judgment is affirmed, but the sentences are vacated and the cause is remanded with directions that appellant be presented to the trial court and prope…
  • Temperance Wright v. State, 348 So. 2d 633 (Fla. 3d DCA 1977)
    …d 811 (Fla.lst DCA 1975); Orange v. State, 334 So. 2d 277 (Fla.3d DCA 1976); Caivano v. State, 276 So. 2d 245 (Fla.2d DCA 1973); Jackson v. State, 270 So. 2d 30 (Fla.4th DCA 1972); Gonzalez v. State, 268 So. 2d 552 (Fla.3d DCA 1972); Jones v. State, 265 So. 2d 514 (Fla.4th DCA 1972); Carr v. State, 264 So. 2d 871 (Fla.1st DCA 1972); Hunt v. State, 264 So. 2d 855 (Fla.lst DCA 1972); Shaw v. State, 264 So. 2d 95 (Fla.lst DCA 1972). Affirmed as to the judgments of conviction; affirmed as to sentence and fine on…
  • Norman v. State, 360 So. 2d 1309 (Fla. 4th DCA 1978)
    …same transaction, he could only be sentenced for the higher of such offenses, that of delivery of heroin. Harris v. State, 358 So. 2d 858 (Fla. 4th DCA, opinion filed May 16, 1978); Wright v. State, 348 So. 2d 633 (Fla. 3d DCA 1977); Jones v. State, 265 So. 2d 514 (Fla. 4th DCA 1972). Accordingly, since no other reversible error has been demonstrated, the judgments as to the two counts are affirmed, but the sentence for possession of a controlled substance is vacated and set aside. CROSS, DAUKSCH and LETTS,…

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