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577 So. 2d 943

Docket No. 76812.

State v. White

STATE of Florida, Petitioner, v. Curtis WHITE, Respondent.

Supreme Court of Florida

Decided March 21, 1991.

Supreme Court of Florida · decided 1991-03-21

Relies on 577 So. 2d 939 - State v. McCloud · State v. VAA · 571 So. 2d 498 - Wingo v. State

Decided 1991-03-21

¶1Robert A. Butterworth, Atty. Gen. and Brenda S. Taylor, Asst. Atty. Gen., Tampa, for petitioner.

¶2James Marion Moorman, Public Defender and Deborah K. Brueckheimer, Asst. Public Defender, Tenth Judicial Circuit, Bartow, for respondent.

¶3OVERTON, Justice.

¶4The State of Florida petitions this Court to review White v. State, 571 So.2d 498 (Fla. 2d DCA 1990), in which the Second District Court of Appeal affirmed White's convictions and sentences for two counts of selling cocaine but vacated his convictions and sentences for two counts of possession of cocaine. The district court certified the following question as one 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?

¶5Id. at 499. We have jurisdiction pursuant to article V, section 3(b)(4), Florida Constitution.

¶6We recently addressed this same certified question in State v. McCloud, 577 So.2d 939 (Fla. 1991), and in State v. V.A.A., 577 So.2d 941 (Fla. 1991), and we answered the question in the negative. In accordance with those decisions, we quash that part of the district court's decision in White vacating White's convictions and sentences for two counts of possession of cocaine. We remand for proceedings consistent with this opinion.

¶7It is so ordered.

¶8SHAW, C.J., and McDONALD, BARKETT, GRIMES, KOGAN and HARDING, JJ., concur.

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