Layton v. State
570 So. 2d 1117, 1990 Fla. App. LEXIS 9176, 1990 WL 195825
This text of 570 So. 2d 1117 (Layton v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Layton v. State, 570 So. 2d 1117, 1990 Fla. App. LEXIS 9176, 1990 WL 195825 (Fla. Ct. App. 1990).
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., 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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Related
V.A.A. v. State
561 So. 2d 314 (District Court of Appeal of Florida, 1990)
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Bluebook (online)
570 So. 2d 1117, 1990 Fla. App. LEXIS 9176, 1990 WL 195825, Counsel Stack Legal Research, https://law.counselstack.com/opinion/layton-v-state-fladistctapp-1990.