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An appellate court need not hear an appeal on a conviction on a second count if the conviction on the second count carries a sentence less than the first conviction on the first count.


Under the concurrent sentence doctrine (see Benton v. Maryland, 1969, 395 U.S. 784, 89 S. Ct. 2056, 23 L. Ed. 2d 707), where 'the sentences are concurrent sentences and adequacy of the proof with respect to any one of the counts would be sufficient to sustain the judgment of conviction and sentence, * * * it [is] unnecessary to ascertain whether proof was adequate as to all [of the counts].' United States v. Varner, 5 Cir., 1971, 437 F.2d 1195. In Benton v. Maryland, supra, the Supreme Court determined that this doctrine is merely one of judicial convenience and does not pose a jurisdictional bar to any of the issues raised by the defendant. 395 U.S. at 791, 89 S. Ct. at 2061, 23 L. Ed. 2d at 714; see also United States v. Burrell, 5 Cir., 1974, 505 F.2d 904, 906; United States v. Bigham, 5 Cir., 1970, 421 F.2d 1344, 1346. 

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