TORRES v. STATE

No. 72-78.

262 So.2d 458 (1972)

Eugenio TORRES, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

May 23, 1972.


Attorney(s) appearing for the Case

Phillip A. Hubbart, Public Defender and Lewis S. Kimler, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Arnold R. Ginsberg, Asst. Atty. Gen., for appellee.

Before BARKDULL, C.J., and PEARSON and CHARLES CARROLL, JJ.


PER CURIAM.

The appellant, in an information containing two counts, was charged with the crimes of unlawful sale of a narcotic drug and unlawful possession of a narcotic drug. He was adjudicated guilty and sentenced to concurrent three year terms in the state prison. This appeal followed.

The State agrees that the convictions arise out of the same transaction and are based on the same facts. The State further confesses error under the law as stated in Yost...

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