Thornton v. State

DREW (Ret.), Associate Judge.

Jerry and Junior Thornton were each convicted of possession and delivery of dangerous drugs. Separate appeals were taken and are now consolidated for our consideration.

The state, in its brief and at oral argument, concedes the possession charge is but another facet of the sale (delivery) charge and that sentence should be imposed for the highest offense only. Accordingly, the judgment and sentence for possession in both cases are hereby vacated.

We have duly considered the evidence in these consolidated appeals and conclude that the verdict and sentence against…