State v. Caldera

BERNSTEIN, Chief Justice.

Appellant was defendant in a criminal action for the sale and possession of heroin. Special narcotics investigators had made purchases of heroin from the defendant on two successive days. Defendant kept his supply of heroin in his house. He was charged in four counts and pleaded not guilty. Subsequently he withdrew his plea of not guilty and pleaded guilty to Counts I and II. The trial judge sentenced him to 10 to 15 years on Count I and 10 to 15 years on Count III, the sentences to be served consecutively. Approximately one year later the trial judge vacated the…