Neville v. State

322 So. 2d 617 | Fla. Dist. Ct. App. | 1975

SCHEB, Judge.

The judgments are affirmed. A single sentence of 6 months to 4 years was imposed for both offenses: sale and possession of marijuana. Normally this would be an impermissible general sentence,¹ however, in this particular case as the lower court was undoubtedly aware only one sentence was proper.² Accordingly, we construe the judgment to impose a sentence of 6 months to 4 years for sale of marijuana.

HOBSON, Acting C. J., and GRIMES, J., concur.

1 . Darden v. State, Fla.App.2d 1975, 306 So.2d 581.

2 . Yost v. State, Fla.App.3d 1971, 243 So.2d 469.