Williams v. State, No. 77-248

No. 77-248 | Fla. Dist. Ct. App. | Sep 7, 1977

PER CURIAM.

Appellant was convicted of possessing a controlled substance with intent to deliver and delivering a controlled substance. Both crimes were charged under Section 893.-13(1)(a)1, Florida Statutes (1975). Both crimes occurred during a single episode in which the appellant delivered heroin to an undercover agent.

Appellant received a fifteen year sentence on count I and a five year concurrent sentence on count II. The sentence on count II must be set aside because both of the crimes were a facet of the same transaction. Orange v. State, 334 So. 2d 277" court="Fla. Dist. Ct. App." date_filed="1976-05-11" href="https://app.midpage.ai/document/orange-v-state-1781230?utm_source=webapp" opinion_id="1781230">334 So.2d 277 (Fla. 3d DCA 1976). The state’s reliance upon Section 775.021(4), Florida Statutes (Supp. 1976), is misplaced because this new statute only mandates separate sentencing where a person has committed an act in the course of one criminal transaction which constitutes a violation of two or more criminal statutes.

Appellant’s second point is without merit.

The judgments and the sentence on count I are affirmed. The sentence on count II is hereby set aside.

GRIMES, A. C. J., and SCHEB and OTT, JJ., concur.