James v. State
573 So. 2d 1025, 1991 Fla. App. LEXIS 681, 1991 WL 9386
District Court of Appeal of Florida·Decided February 1, 1991·No. No. 90-01506·Published·Cited by 2 cases
Opinion
We affirm appellant’s conviction and sentence for one count of sale of cocaine. We vacate the 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. v. State, 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 (SUPP.1988), IS IT IMPROPER TO CONVICT AND SENTENCE FOR BOTH CRIMES?
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James v. State, 573 So. 2d 1025, 1991 Fla. App. LEXIS 681, 1991 WL 9386 (Fla. Ct. App. 1991).
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Related
State v. James
581 So. 2d 1305 (Supreme Court of Florida, 1991)
Holmes v. State
575 So. 2d 332 (District Court of Appeal of Florida, 1991)