Norman v. State

Defendant was convicted and sentenced to a ten-year term of imprisonment for delivery of heroin and to a five-year term of imprisonment for possession of heroin, the sentences on each count to run concurrently.

On appeal we conclude that only one point raised by appellant has merit. The five-year sentence on the possession of heroin count must be reversed because it arises from the same transaction or occurrence as the count charging delivery of heroin. As the defendant was convicted of two facets or phases of the same transaction, he could only be sentenced for the higher of such offenses,…