Tischmak v. State

The defendant was convicted under a two-count indictment. On the first count involving the sale of phencyclidine, the defendant was sentenced to one year based on the jury verdict. On the second count involving possession of less than one ounce of marijuana, the jury also found the defendant guilty. The trial judge in sentencing the defendant set the sentence under the second count at six months and provided the sentences were to run consecutively.

The defendant filed a motion for new trial and upon it being overruled appealed to this court. Held:

1. Counsel for the defendant contends that the…