THOMAS v. STATE

No. 77-564.

372 So.2d 997 (1979)

Willie Lee THOMAS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

July 11, 1979.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Tatjana Ostapoff and Jon May, Asst. Public Defenders, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Benedict P. Kuehne, Asst. Atty. Gen., West Palm Beach, for appellee.


DAUKSCH, Judge.

This is an appeal from a conviction of possession and delivery of heroin. First we note the appellant was improperly sentenced to prison on both counts which arose from a single transaction which transaction occurred before Section 775.021(4), Florida Statutes (1976) became law. Harris v. State, 358 So.2d 858 (Fla. 4th DCA 1978).

The primary question on appeal is whether it was error for the...

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