PEARSON, Judge.
The appellant was found guilty after a non-jury trial of (1) violation of § 849.09(1) (d) Fla. Stat., F.S.A., which is aiding or assisting in the setting up, promoting or conducting a lotttery, and of (2) violation of § 849.09(1) (h), which is possession of lottery tickets. Count I is a felony and appeal has been filed to this court. Count II is a misdemeanor; a conviction under that subsection is appealable to the circuit court.
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