Robinson v. State

District Court of Appeal of Florida

Decided December 21, 1990

District Court of Appeal of Florida · decided 1990-12-21

Cited by 2 later decisions — most recently June 1991

2 state decisions

Key passage — most relied on by later courts

“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?”

quoted by 1 later decision, including 581 So. 2d 158 - State v. Robinson

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

Good law ✅— No negative treatment on recordhow we know

Decided 1990-12-21

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PER CURIAM.

¶1We 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:

*993WHEN 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?

SCHEB, A.C.J., and RYDER and THREADGILL, JJ., concur.