State v. Moore

ARNOLD, Judge.

We find merit in only one assignment of error. Defendant contends that it was improper for the trial court to issue separate sentences for both the sale of a controlled substance and the delivery of the same controlled substance. Under both indictments the jury found Moore guilty of selling psilocyn and guilty of delivering the same material. The first indictment stemmed from the events on 16 October 1987 when Moore sold and delivered a 5-gram package containing psilocyn to the undercover officer. The second indict*720ment resulted from a nearly identical transaction involving 10…