(special concurrence).
I concur that defendant’s conviction should be affirmed, but I believe the punishment is excessive; and therefore, I believe, under post conviction procedures the judgments and sentences should at least be macfe to run concurrently. These charges should have been laid under the provisions of 22 O.S. § 404, as separate counts in one information. This is true under either the single transaction theory, or under the same evidence rule. The testimony and evidence offered at both trials was exactly the same; and allegedly, according to the testimony offered, the separate offenses occurred within a brief period of time.