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607 So. 2d 422

Docket No. 78728.

State v. Thompson

STATE of Florida, Petitioner, v. Dennis Wayne THOMPSON, Respondent.

Supreme Court of Florida

Decided November 12, 1992.

Supreme Court of Florida · decided 1992-11-12

Key passage — most relied on by later courts

“sale of a counterfeit controlled substance and for felony petit theft”

quoted by 1 later decision, including 695 So. 2d 309 - State v. Anderson

Relies on 474 So. 2d 1193 - Ramsey v. State · State v. Bussey · Thompson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1992-11-12

How this case has been cited

Cited by 24 later decisions — most recently July 2015

23 state decisions

160199220002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1Robert A. Butterworth, Atty. Gen., and Bonnie Jean Parrish, Asst. Atty. Gen., Daytona Beach, for petitioner.

¶2James B. Gibson, Public Defender, and Michael S. Becker, Asst. Public Defender, Daytona Beach, for respondent.

¶3OVERTON, Justice.

¶4This is a petition to review Thompson v. State,585 So.2d 492 (Fla. 5th DCA 1991), in which the Fifth District Court of Appeal held that Thompson cannot be sentenced for both the sale of a counterfeit controlled substance and for felony petit theft when both offenses are based on the same conduct. The district court certified the following question as one of great public importance:

CAN A DEFENDANT BE PROPERLY CONVICTED OF BOTH FRAUDULENT SALE OF A COUNTERFEIT CONTROLLED SUBSTANCE AND FELONY PETIT THEFT WHERE BOTH CHARGES AROSE FROM THE SAME FRAUDULENT SALE?

¶5Id. at 495. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We answer the certified question in the negative and approve in full the district court decision, finding that it is consistent with our decision in Houser v. State,474 So.2d 1193 (Fla. 1985). We find that State v. Bussey,463 So.2d 1141 (Fla. 1985), is not applicable under the circumstances of this case and agree with the district court that this is a theft crime. We adopt the opinion of the district court as the opinion of this Court.

¶6It is so ordered.

¶7BARKETT, C.J., and McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.

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