From Casetext: Smarter Legal Research

Taylor v. State

District Court of Appeal of Florida, Second District
Feb 15, 1974
289 So. 2d 772 (Fla. Dist. Ct. App. 1974)

Opinion

Nos. 73-749 and 73-750.

February 15, 1974.

Appeal from the Circuit Court, Pinellas County, Harry W. Fogle, J.

Daniel J. Grieco, St. Petersburg, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee.


The appellant was convicted of possession of narcotics paraphernalia and possession of heroin and given concurrent five year sentences.

We have considered the points on appeal argued by appellant, but we find no reversible error.

The narcotics paraphernalia consisted of a spoon and two bottle caps with a residue of burnt heroin thereon. The heroin for which the appellant was convicted of possessing was the residue on the paraphernalia. Consequently, one of the sentences must be set aside because the charges were intertwined aspects of the same transaction. See Foster v. State, Fla. 1973, 286 So.2d 549.

The judgments are affirmed. The sentence for the conviction of possession of narcotics paraphernalia is hereby vacated.

HOBSON, Acting C.J., and BOARDMAN, J., concur.


Summaries of

Taylor v. State

District Court of Appeal of Florida, Second District
Feb 15, 1974
289 So. 2d 772 (Fla. Dist. Ct. App. 1974)
Case details for

Taylor v. State

Case Details

Full title:BOOKER T. TAYLOR, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Feb 15, 1974

Citations

289 So. 2d 772 (Fla. Dist. Ct. App. 1974)