Stenson v. State

573 So. 2d 1022, 1991 Fla. App. LEXIS 678, 1991 WL 9362
CourtDistrict Court of Appeal of Florida
DecidedFebruary 1, 1991
DocketNo. 88-02497
StatusPublished
Cited by3 cases

This text of 573 So. 2d 1022 (Stenson 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
Stenson v. State, 573 So. 2d 1022, 1991 Fla. App. LEXIS 678, 1991 WL 9362 (Fla. Ct. App. 1991).

Opinion

PER CURIAM.

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?
CAMPBELL, A.C.J., and LEHAN and THREADGILL, JJ., concur.

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Related

State v. Stenson
587 So. 2d 1144 (Supreme Court of Florida, 1991)
Holmes v. State
575 So. 2d 332 (District Court of Appeal of Florida, 1991)
Day v. State
573 So. 2d 1022 (District Court of Appeal of Florida, 1991)

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Bluebook (online)
573 So. 2d 1022, 1991 Fla. App. LEXIS 678, 1991 WL 9362, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stenson-v-state-fladistctapp-1991.