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STOVALL v. STATE

No. 72-1041.

272 So.2d 866 (1973)

Richard A. STOVALL, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 26, 1973.

Attorney(s) appearing for the Case

Phillip A. Hubbart, Public Defender and John Lipinski, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen. and Joel D. Rosenblatt, Asst. Atty. Gen., and Lynn Richard Mattaway, Legal Intern, for appellee.

Before PEARSON, CHARLES CARROLL and HENDRY, JJ.

PER CURIAM.

In this appeal, the appellant presents three points. The first point urges error in sentencing because the trial court sentenced the appellant for both the sale and possession of a narcotic drug when the crime arose out of the same transaction. See Yost v. State, Fla.App. 1971, 243 So.2d 469. In the present instance, appellant was sentenced to three years upon each of the named crimes, the sentences to run concurrently...

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