Hatton v. State

We affirm appellant’s convictions for possession and sale of cocaine but reverse his sentences to the extent that they impose simultaneous periods of incarceration and probation and remand for correction.

Appellant was sentenced to three months in the county jail followed by two years probation on Count I, and one year in the county jail followed by three years probation on Count II. The sentences were to run concurrently; therefore, nine months of the probation on Count I was to be served simultaneously with the inearcerative portion of Count II. The second and fifth districts have held that…