Shaw v. State, P--391
Citation | 264 So.2d 95 |
Decision Date | 06 July 1972 |
Docket Number | No. P--391,P--391 |
Parties | James SHAW, Appellant, v. STATE of Florida, Appellee. |
Court | Florida District Court of Appeals |
Richard W. Ervin, III, Public Defender, and John W. Watson, III, Asst. Public Defender, for appellant.
Robert L. Shevin, Atty. Gen., and A. S. Johnston, Asst. Atty. Gen., for appellee.
Appellant was convicted after a jury trial on charges of possession and sale of heroin. Both charges arose out of the same criminal transaction.
The first contention made by appellant is that the trial judge committed reversible error by refusing to instruct the jury on the issue of entrapment as requested by defense counsel. No error has been shown in this regard. See Blackshear v. State, 246 So.2d 173 (Fla.App.1971).
There is merit to appellant's second point which contends that the trial court erred in imposing separate sentences for possession and sale of heroin when the record reflects that both offenses were a facet of the same transaction. According to the informations filed, both offenses occurred on March 25, 1971, at 10:50 P.M. at Leonard's Pool Hall, Fairfax Drive in Pensacola, Florida.
In Martin v. State, 251 So.2d 283 (Fla.App.1971), citing from Wells v. State, 168 So.2d 787 (Fla.App.1964), the court stated the controlling rule to be as follows:
In Martin, supra, we held that the sale of heroin is a more serious or higher offense than possession thereof and therefore set aside the sentences there being considered which had been imposed for possession of heroin, and at the same time we affirmed the sentences imposed for the sale of that narcotic. Following the precedent of the Martin case, we are therefore required to set aside the sentence imposed in the case at bar against appellant for possession of heroin under count one in the amount of five years. The sentence imposed for the offense of sale of heroin under count two in the amount of ten years is affirmed.
Affirmed in part and reversed in part.
To continue reading
Request your trial-
Wright v. State
...514 (Fla.4th DCA 1972); Carr v. State, 264 So.2d 871 (Fla.1st DCA 1972); Hunt v. State, 264 So.2d 855 (Fla.1st DCA 1972); Shaw v. State, 264 So.2d 95 (Fla.1st DCA 1972). Affirmed as to the judgments of conviction; affirmed as to sentence and fine on the sale of cocaine count; reversed as to......
-
Robinson v. State, W--120
...charged. Yost v. State, 243 So.2d 469 (Fla.App.3rd 1971); Torres v. State, 262 So.2d 458 (Fla.App.3rd 1972). See also, Shaw v. State, 264 So.2d 95 (Fla.App.1st 1972); Brown v. State, 264 So.2d 28 (Fla.App.1st 1972) and Johnson v. State, 260 So.2d 212 (Fla.App.1st Affirmed in part and revers......
-
Singleton v. State, 79-1204
...(1977).4 Williams v. State, 110 So.2d 654 (Fla. 1959).5 See Wright v. State, 348 So.2d 633 (Fla. 3d DCA 1977) and Shaw v. State, 264 So.2d 95 (Fla. 1st DCA 1972).6 Section 775.084, Florida Statutes (1977).7 See Eutsey v. State, 383 So.2d 219 (Fla. 1980) and Bell v. State, 382 So.2d 107 (Fla......