Gillette v. State
571 So. 2d 600, 1990 Fla. App. LEXIS 9893, 1990 WL 212852
District Court of Appeal of Florida·Decided December 28, 1990·No. No. 90-01429·Published·Cited by 3 cases
Opinion
We affirm appellant’s conviction and sentence for sale of cocaine. We vacate his conviction and sentence for possession of cocaine on the authority of V.A.A. v. State, 561 So.2d 314 (Fla. 2d DCA 1990). As in V.A.A., we certify to the Florida Supreme Court the following question of great public importance:
WHEN A DOUBLE JEOPARDY VIOLATION IS ALLEGED BASED ON THE CRIMES OF SALE AND POSSESSION (OR POSSESSION WITH INTENT TO SELL) OF THE SAME QUANTUM OF CONTRABAND AND THE CRIMES OCCURRED AFTER THE EFFECTIVE DATE OF SECTION 775.021, FLORIDA STATUTES (1988 SUPP.), IS IT IMPROPER TO CONVICT AND SENTENCE FOR BOTH CRIMES?
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Gillette v. State, 571 So. 2d 600, 1990 Fla. App. LEXIS 9893, 1990 WL 212852 (Fla. Ct. App. 1990).
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