CLYDE STOKES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CLYDE STOKES, APPELLANT,
STATE OF FLORIDA, APPELLEE
549 So. 2d 715
Florida District Court of Appeal, First District (1989)
Caution
Cited by 18 cases
Opinion of the Court
PER CURIAM.
Stokes appeals a judgment and sentence for possession of a controlled substance, cocaine, with intent to sell and sale of the same controlled substance, both in violation of section 893.13(l)(a), Florida Statutes. We agree with his assertion that multiple punishments for the two crimes violate double jeopardy principles. Therefore, on the authority of Wheeler v. State, 549 So. 2d 687 (Fla. 1st DCA 1989), we reverse and remand to the trial court with instructions to vacate one of Stokes’ convictions and to recalculate his sentence on the remaining conviction.
SMITH, THOMPSON and MINER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (18 total)
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Daniels v. Fla. Dep't OF Health, 898 So. 2d 61 (Fla. 2005)…iness party, which must be a corporation, a partnership, or a sole proprietor of an unincorporated business. See § 57.111(3)(d)l.a and b, Fla.Stat. This does not encompass individual employees. Department of Professional Regulation v. Toledo Realty, 549 So. 2d 715 (Fla. 1st DCA 1989); Thompson v. Department of Health and Rehabilitative Services, 533 So. 2d 840 (Fla. 1st DCA 1988). Although the appellee and the corporation were found to be “one and the same entity” based on the appellee’s control of the busine…1 / 2
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Mullins v. Kennelly, 847 So. 2d 1151 (Fla. 5th DCA 2003)…as its prototype has been construed in federal courts, insofar as such construction is harmonious with the spirit and policy of Florida legislation on the subject. See generally Dep’t of Prof'l Regulation, Div. of Real Estate v. Toledo Realty, Inc., 549 So. 2d 715, 717 (Fla. 1st DCA 1989). In Rule 11 cases, the federal courts have adopted the view that whether conduct should be sanctioned should be measured by the standard in effect at the time of the conduct to be sanctioned. Corporate Printing Co., Inc. v.…
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Brand v. Fla. Power Corp., 633 So. 2d 504 (Fla. 1st DCA 1994)…., Kidd v. City of Jacksonville, 97 Fla. 297, 304, 120 So. 556, 559 (1929); Department of Envtl. Reg. v. SCM Glidco Organics Corp., 606 So. 2d 722, 725 (Fla. 1st DCA 1992); Department of Professional Reg., Div. of Real Estate v. Toledo Realty, Inc., 549 So. 2d 715, 717 (Fla. 1st DCA 1989); Pasco County Sch. Bd. v. Florida Pub. Employees Relations Comm’n, 353 So. 2d 108, 116 (Fla. 1st DCA 1977). For the above reasons, we look to section 504, pertinent regulations implementing the Rehabilitation Act and federal…
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- Wheeler v. State, 549 So. 2d 687 (Fla. 1st DCA 1989)