Opinion
No. 74-1469.
November 14, 1975. Rehearing Denied December 15, 1975.
Appeal from the Circuit Court for Pinellas County, William Walker, J.
R.M. Mannen, of Heth Mannen, St. Petersburg, for appellant.
Robert L. Shevin, Atty. Gen., Tallahassee, and Davis G. Anderson, Jr., Asst. Atty. Gen., Tampa, for appellee.
The judgments are affirmed. A single sentence of 6 months to 4 years was imposed for both offenses: sale and possession of marijuana. Normally this would be an impermissible general sentence, however, in this particular case as the lower court was undoubtedly aware only one sentence was proper. Accordingly, we construe the judgment to impose a sentence of 6 months to 4 years for sale of marijuana.
Darden v. State, Fla.App.2d 1975, 306 So.2d 581.
Yost v. State, Fla.App.3d 1971, 243 So.2d 469.
HOBSON, Acting C.J., and GRIMES, J., concur.