ROBERT ROBINSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ROBERT ROBINSON, APPELLANT,
STATE OF FLORIDA, APPELLEE
572 So. 2d 992
Florida District Court of Appeal, Second District (1990)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We affirm appellant’s conviction and sentence 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?
SCHEB, A.C.J., and RYDER and THREADGILL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Robinson, 581 So. 2d 158 (Fla. 1991)…PER CURIAM. The state of Florida seeks review of Robinson v. State, 572 So. 2d 992 (Fla. 2d DCA 1990), in which the district court affirmed Robinson’s conviction and sentence for sale of cocaine, but vacated Robinson’s conviction and sentence for possession of cocaine on the authority of V.A.A. v. State, 561 So. 2d 314 (Fla. 2d DC…
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Tonnie Torrell Holmes v. State, 575 So. 2d 332 (Fla. 5th DCA 1991)…1990). The First and the Second District Courts of Appeal have ruled contrary to Davis and have certified the matter.1 . Stenson v. State, 573 So. 2d 1022 (Fla. 2d DCA 1991); James v. State, 573 So. 2d 1025 (Fla. 2d DCA 1991); Robinson v. State, 572 So. 2d 992 (Fla. 2d DCA 1990); Gillette v. State, 571 So. 2d 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, 5…
Authorities Cited
- V.A.A. v. State, 561 So. 2d 314 (Fla. 2d DCA 1990)