CESAR ANTWON JAMES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CESAR ANTWON JAMES, APPELLANT,
STATE OF FLORIDA, APPELLEE
573 So. 2d 1025
Florida District Court of Appeal, Second District (1991)
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?
CAMPBELL, A.C.J., and LEHAN and THREADGILL, JJ., concur.
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Tonnie Torrell Holmes v. State, 575 So. 2d 332 (Fla. 5th DCA 1991)…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, 571 So. 2d 120 (Fla. 2d DCA 1990); White v. State…
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Barnett Bank OF S. Fla., N.A. v. Am. Med. Express Corp., 671 So. 2d 819 (Fla. 3d DCA 1996)…Florida Rule of Civil Procedure 1.540(b)(5)1 because the underlying debt owed by the garnishee to the plaintiff-garnishor’s judgment debtor had been fully satisfied. See § 77.083, Fla.Stat. (1995); First Florida Bank, N.A v. R.D.P. of Naples, Inc., 573 So. 2d 1025 (Fla. 2d DCA [*820] 1991); Carpenter v. Benson, 478 So. 2d 353 (Fla. 5th DCA 1985), review denied, 488 So. 2d 829 (Fla.1986); United Presidential Life Ins. Co. v. King, 361 So. 2d 710 (Fla.1978). See generally Preferred Mut. Ins. Co. v. Davis, 629 S…
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State v. James, 581 So. 2d 1305 (Fla. 1991)…PER CURIAM. The state of Florida seeks review of James v. State, 573 So. 2d 1025 (Fla. 2d DCA 1991), in which the district court affirmed James’ conviction and sentence for sale of cocaine, but vacated James’ conviction and sentence for possession of cocaine on the authority of V.A.A. v. State, 561 So. 2d 314 (Fla. 2d DCA 1990),…
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- V.A.A. v. State, 561 So. 2d 314 (Fla. 2d DCA 1990)