Public-domain · open source
OpenJurist

571 So. 2d 498

White v. State

District Court of Appeal of Florida

Decided October 12, 1990

District Court of Appeal of Florida · decided 1990-10-12

Relies on 561 So. 2d 314 - VAA v. State

Decided 1990-10-12

PER CURIAM.

¶1We affirm appellant’s convictions and sentences for two counts of sale of cocaine. We vacate the convictions and sentences for two counts of 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?
SCHOONOVER, C.J., and RYDER and CAMPBELL, JJ., concur.
/571/so2d/498 · .json · Public domain