ALVIN GEORGE STENSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ALVIN GEORGE STENSON, APPELLANT,
STATE OF FLORIDA, APPELLEE
573 So. 2d 1022
Florida District Court of Appeal, Second District (1991)
Positive Treatment
Cited by 10 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?
CAMPBELL, A.C.J., and LEHAN and THREADGILL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Genero Muniz Vara v. State, 575 So. 2d 306 (Fla. 2d DCA 1991)…he guidelines cannot be considered by this court, in the absence of written departure grounds, Poye v. Stateu 561 So. 2d 554 (Fla.1990) requires this court to remand this case for resentencing within the sentencing guidelines. See also Day v. State, 573 So. 2d 1022 (Fla. 2d DCA 1991); Johnson v. State, 566 So. 2d 609 (Fla. 4th DCA 1990). Reversed and remanded for resentencing within the sentencing guidelines. SCHEB, A.C.J., and THREADGILL, J., concur.…
-
State v. Stenson, 587 So. 2d 1144 (Fla. 1991)…OVERTON, Justice. The State of Florida petitions this Court to review Stenson v. State, 573 So. 2d 1022 (Fla. 2nd DCA 1991), in which the Second District Court of Appeal affirmed Sten-son’s convictions and sentences for two counts of selling cocaine but vacated his convictions and sentences for two counts of possession of cocaine. The district court c…
-
Tonnie Torrell Holmes v. State, 575 So. 2d 332 (Fla. 5th DCA 1991)…dissent in Davis v. State, 560 So. 2d 1231 (Fla. 5th DCA 1990), jurisdiction accepted, 568 So. 2d 435 (Fla.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…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- V.A.A. v. State, 561 So. 2d 314 (Fla. 2d DCA 1990)