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TYSON v. STATE

Nos. 74-758, 74-759.

315 So.2d 213 (1975)

Clellan TYSON, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

June 25, 1975.

Attorney(s) appearing for the Case

Hallard J. Greer, St. Petersburg, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Richard G. Pippinger, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

Tyson was tried and convicted of possession and sale of heroin, and sentenced to two concurrent four-year terms in the state penitentiary. It is clear from the record that the heroin possessed was the same heroin involved in the sale charge. Both crimes were facets of the same transaction. Therefore, only one sentence should have been imposed and that for the highest offense charged. Yost v. State, Fla.App.3d, 1971, 243 So.2d 469

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