Holmes v. State

ORFINGER, Judge.

Appellant was charged with and convicted of four separate counts of sale of cocaine, and each of these counts was paired with another count of possession of cocaine (the same cocaine as in the paired charge of sale) with intent to sell and deliver. The crimes were alleged to have been committed in August and September, 1985.

On appeal, appellant contends that he cannot be convicted of both sale of cocaine and possession of the same cocaine with intent to sell and deliver. Because the offenses were committed prior to July 1, 1988, and on authority of the recently decided case of…