James v. State

District Court of Appeal of Florida

Decided February 1, 1991

District Court of Appeal of Florida · decided 1991-02-01

Cited by 4 later decisions — most recently September 1999

4 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 1305 - State v. James

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

Good law ✅— No negative treatment on recordhow we know

Decided 1991-02-01

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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:

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.