Harris v. State

DAUKSCH, Judge.

Appellant was convicted of possession of heroin and delivery of heroin. Both crimes occurred during a single transaction in which the appellant delivered heroin to an undercover agent. Appellant was adjudicated guilty of these charges and sentenced to five years on each count to be served concurrently.

This sentence was error because the appellant could only be sentenced for the higher of the two crimes. Story v. State, 355 So.2d 1213 (Fla. 4 DCA 1978).

*859The appellee has referred us to Section 775.021(4), Florida Statutes (1976)1 but we have determined that statute is inapplicable…