Rushing v. State

OTT, Judge.

Appellant was convicted of possessing a controlled substance with intent to deliver and delivery of a controlled substance. He was adjudicated guilty of these charges and sentenced to fifteen years on each count to be served concurrently.

In this appeal appellant argues that one of his two sentences must be set aside because both crimes occurred during a single episode in which appellant delivered heroin to an undercover agent, citing Williams v. State, 349 So.2d 800 (Fla. 2d DCA 1977). We agree. When a defendant is convicted of two crimes in a single transaction, and each of the…