Henry v. State

SHARP, Judge.

Henry appeals from his convictions for possession of a controlled substance upon the grounds of a state correctional institution,1 and possession of a controlled substance.2 He received concurrent sentences for these offenses of eleven and five years.3 He argues that under the facts of *486this case he may not be convicted of both charges of possession on double jeopardy grounds. We agree.

The record establishes that Henry was a passenger on a tractor on the grounds of the Marion Correctional Institution. The driver of the tractor was another inmate who had been assigned clean-up…