JAMES HOWARD GILLETTE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JAMES HOWARD GILLETTE, APPELLANT,
STATE OF FLORIDA, APPELLEE
571 So. 2d 600
Florida District Court of Appeal, Second District (1990)
Positive Treatment
Cited by 16 cases
Opinion of the Court
PER CURIAM.
We affirm appellant’s conviction and sentence for sale of cocaine. We vacate his 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., 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 (1988 SUPP.), IS IT IMPROPER TO CONVICT AND SENTENCE FOR BOTH CRIMES?
SCHOONOVER, C.J., and CAMPBELL and FRANK, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Winn Dixie Stores, Inc. v. Elbert, 590 So. 2d 15 (Fla. 4th DCA 1991)…least 25 percent less than such offer. (Emphasis added). This statute has been consistently construed to require a judgment in favor of the plaintiff to trigger its enforcement. Mujica v. Turner, 582 So. 2d 24 (Fla. 3d DCA 1991); Luizza v. Yaeger, 571 So. 2d 600 (Fla. 2d DCA 1990); Kline v. Publix Supermarkets, Inc., 568 So. 2d 929 (Fla. 2d DCA 1990); Gunn v. DePaoli, 562 So. 2d 427 (Fla. 2d DCA 1990); Oriental Imports, Inc. v. Alilin, 559 So. 2d 442 (Fla. 5th DCA 1990); Makar v. Investors Real Estate Manag…
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Parvin Wright v. Caruana, 640 So. 2d 197 (Fla. 3d DCA 1994)…ould have been awarded her costs pursuant to Florida Statutes Section 57.041(1). See Liebling v. Florida Energy Management, Inc., 619 So. 2d 441, 443 (Fla. 2d DCA 1993); Reinhardt v. Bono, 564 So. 2d 1233, 1235 (Fla. 5th DCA 1990); Luizza v. Yaeger, 571 So. 2d 600, 601 (Fla. 2d DCA 1990); Gunn v. DePaoli, 562 So. 2d 427, 427-28 (Fla. 2d DCA 1990); Bridges v. Newton, 556 So. 2d 1170, 1171 (Fla. 3d DCA 1990); Oriental Imports, Inc. v. Alilin, 559 So. 2d 442, 443 (Fla. 5th DCA 1990). Our disposition of the § 768…
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Mujica v. Turner, 582 So. 2d 24 (Fla. 3d DCA 1991)…ney’s fees under the above statute and rule; to the contrary, the judgment below was obtained by the defendant, not the plaintiffs, and accordingly the defendant was not entitled to attorney’s fees under the above statute and rule. Luizza v. Yaeger, 571 So. 2d 600 (Fla.2d DCA 1990); Kline v. Publix Supermarkets, Inc., 568 So. 2d 929 (Fla.2d DCA 1990); Gunn v. DePaoli, 562 So. 2d 427 (Fla.2d DCA 1990); Coe v. B & D Transp. Serv., Inc., 561 So. 2d 469 (Fla.2d DCA 1990); Oriental Imports, Inc. v. Alilin, 559 So.…
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- V.A.A. v. State, 561 So. 2d 314 (Fla. 2d DCA 1990)