Court of Appeal for Ontario

Date: 2019-02-15 Docket: C65763

Judges: MacPherson, Sharpe and Tulloch JJ.A.

Between

Her Majesty the Queen Respondent

and

Peter Leite Appellant

Counsel

Ian Smith as duty counsel Rick Visca, for the respondent

Hearing and Appeal

Heard: February 13, 2019

On appeal from the sentence imposed on February 28, 2018 by Justice Alan D. Cooper of the Ontario Court of Justice.

Appeal Book Endorsement

[1] The appellant raises a single ground of appeal. He submits that the trial judge erred by sentencing him to a consecutive sentence of two years for possession of fentanyl on top of a six year sentence also for possession of fentanyl. Both counts related to drugs found in two different places in the appellant's residence on the same day. The trial judge provided no explanation for making these sentences for possession of the same drug in the same place and on the same day consecutive. In our view, this was an error of law and accordingly, we alter the sentence by making those sentences concurrent. The Crown concedes that the victim surcharge of $1,200 must be set aside. Appeal from sentence allowed in accordance with these reasons.