Neville v. State, No. 74-1469

No. 74-1469 | Fla. Dist. Ct. App. | Nov 14, 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" court="Fla. Dist. Ct. App." date_filed="1975-01-24" href="https://app.midpage.ai/document/darden-v-state-1802832?utm_source=webapp" opinion_id="1802832">306 So.2d 581.

2 . Yost v. State, Fla.App.3d 1971, 243 So. 2d 469" court="Fla. Dist. Ct. App." date_filed="1971-01-26" href="https://app.midpage.ai/document/yost-v-state-1147756?utm_source=webapp" opinion_id="1147756">243 So.2d 469.