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PICKETT v. STATE

No. W-490.

316 So.2d 307 (1975)

Roland Stanley PICKETT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

July 14, 1975.

Attorney(s) appearing for the Case

Richard W. Ervin, III, Public Defender, and David J. Busch, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Donald K. Rudser, Asst. Atty. Gen., for appellee.

PER CURIAM.

Defendant was charged with possession and sale of heroin. The jury found him guilty of both charges. The trial court sentenced defendant to five years on each charge to run concurrently. Defendant appealed, contending the trial court erred in sentencing defendant on both charges as they arose out of the same transaction.

Defendant is correct. See Martin v. State, 251 So.2d 283 (Fla.App. 1971).

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