WILLIAM DUKES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
WILLIAM DUKES, APPELLANT,
STATE OF FLORIDA, APPELLEE
569 So. 2d 1380
Florida District Court of Appeal, Second District (1990)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We affirm appellant’s conviction and sen- • tence 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?
FRANK, A.C.J., and PATTERSON and ALTENBERND, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Tonnie Torrell Holmes v. State, 575 So. 2d 332 (Fla. 5th DCA 1991)…600 (Fla. 2d DCA 1990); Haynes v. State, 571 So. 2d 120 (Fla. 2d DCA 1990); Robinson v. State, 571 So. 2d 120 (Fla. 2d DCA 1990); White v. State 571 So. 2d 498 (Fla. 2d DCA 1990); Lay-ton v. State, 570 So. 2d 1117 (Fla. 2d DCA 1990); Dukes v. State, 569 So. 2d 1380 (Fla. 2d DCA 1990); Gibson v. State, 565 So. 2d 402 (Fla. 1st DCA 1990), cause dism., 570 So. 2d 1306 (Fla. 1990); V.A.A. v. State, 561 So. 2d 314 (Fla. 2d DCA 1990); State v. McCloud, 559 So. 2d 1305 (Fla. 2d DCA 1990); Crisel v. State, 561 So. 2d…
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State v. Dukes, 579 So. 2d 736 (Fla. 1991)…PER CURIAM. The state of Florida seeks review of Dukes v. State, 569 So. 2d 1380 (Fla. 2d DCA 1990), in which the district court affirmed Dukes’ conviction and sentence for sale of cocaine, but vacated Dukes’ conviction and sentence for possession of cocaine on the authority of V.A.A. v. State, 561 So. 2d 314 (Fla. 2d DCA 1990),…
Authorities Cited
- V.A.A. v. State, 561 So. 2d 314 (Fla. 2d DCA 1990)