Opinion
49864.
SUBMITTED NOVEMBER 5, 1974.
DECIDED NOVEMBER 14, 1974. REHEARING DENIED DECEMBER 2, 1974.
Drug violation. Muscogee Superior Court. Before Judge Land.
Grogan, Jones Layfield, John C. Swearingen, Jr., for appellant.
E. Mullins Whisnant, District Attorney, William J. Smith, Assistant District Attorney, for appellee.
1. The trial judge did not err in overruling the motion to suppress the evidence seized. See in this connection, Aguilar v. Texas, 378 U.S. 108 ( 84 SC 1509, 12 L.Ed.2d 723); Spinelli v. United States, 393 U.S. 410 ( 89 SC 584, 21 L.Ed.2d 637); Sams v. State, 121 Ga. App. 46 ( 172 S.E.2d 473); Davis v. State, 129 Ga. App. 158, 159 ( 198 S.E.2d 913).
2. The evidence, though circumstantial in part, was sufficient to support the verdict of guilty on both indictments.
3. The defendant was tried and convicted on two indictments relating to illegal drugs while our two-step procedure for a trial and sentencing by jury was in effect. The trial judge erred in his judgment requiring the jury sentences to be served consecutively, when the jury, in their verdict subsequent to the sentence hearing, did not do so. Wade v. State, 231 Ga. 131 ( 200 S.E.2d 271); Mathis v. State, 231 Ga. 401 ( 202 S.E.2d 73); Gandy v. State, 232 Ga. 105 ( 205 S.E.2d 243). The case is therefore remanded to the trial judge for entry of judgment of sentence in accordance herewith.
Judgment reversed and remanded with directions. Evans and Webb, JJ., concur.