STATE OF FLORIDA, PETITIONER,
v.
V.A.A., A CHILD, RESPONDENT
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The Florida Supreme Court resolved a certified question of great public importance regarding double jeopardy violations when a defendant is charged with both sale and possession of the same contraband. The Court held that conviction and sentencing for both crimes is permissible under Florida Statute section 775.021, except for offenses predating the statute's effective date.
No, it is not improper to convict and sentence for both crimes when the offenses occurred after the effective date of section 775.021. The July 5, 1988 offenses are subject to this rule and therefore double conviction is permissible; however, the June 16, 1988 possession charge must remain reversed under the prior holding in Carawan v. State.
[1] A conviction and sentence for both sale and possession of the same quantum of contraband is improper when the crimes occurred before the effective date of section 775.021…
[2] When crimes of sale and possession of the same quantum of contraband occur after the effective date of section 775.021, Florida Statutes (Supp.1988), it is not improper t…
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Join FLexlaw to unlock all legal intelligence“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?”
The certified question of great public importance that the Court was asked to answer regarding the propriety of dual convictions for sale and possession.
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Join FLexlaw to unlock all legal intelligenceV.A.A., a minor, was adjudicated delinquent of four counts: sale and possession of cannabis on June 16, 1988, and sale and possession of a different q…
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PER CURIAM.
We granted review of V.A.A. v. State, 561 So. 2d 314 (Fla.2d DCA 1990), to answer the following certified 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? *
Id. at 315. We recently addressed this same question in State v. McCloud, 577 So. 2d 939 (Fla.1991), in which we answered the question in the negative.
In the case before us, the defendant was adjudicated delinquent of two counts charging sale and possession of one quantity of cannabis on June 16, 1988, and two counts charging sale and possession of a different quantity of cannabis on July 5, 1988. The district court correctly reversed the adjudication of delinquency for the possession charge of June 16, 1988, pursuant to this Court’s decision in Carawan v. State, 515 So. 2d 161 (Fla.1987). See State v. Smith, 547 So. 2d 613 (Fla.1989). However, the offenses of July 5, 1988 are subject to our decisions in McCloud, and the district court therefore erred in reversing the adjudication of delinquency for possession.
Accordingly, we approve that part of the decision affirming the adjudication of delinquency for the two counts of sale and reversing the adjudication of delinquency for the possession charge of June 16, 1988, and quash that part of the decision reversing the adjudication of delinquency for the possession charge of July 5, 1988. We remand for proceedings consistent with this opinion.
It is so ordered.
SHAW, C.J., and OVERTON, McDONALD and GRIMES, JJ., concur. KOGAN, J., dissents with an opinion, in which BARKETT, J., concurs.
*
We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution.
KOGAN, Justice,
dissenting.
I dissent for the reasons expressed in Justice Barkett’s dissent in State v. McCloud, 577 So. 2d 939 (Fla.1991).
BARKETT, J., concurs.
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Cited By (19 total)
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State v. McCLOUD, 577 So. 2d 939 (Fla. 1991)…nd GRIMES, JJ., concur. BARKETT, J., dissents with an opinion, in which KOGAN, J., concurs. . The district court previously certified this same question in V.A.A. v. State, 561 So. 2d 314, 315 (Fla. 2d DCA 1990), approved in part, quashed in part, 577 So. 2d 941 (Fla.1991), in which the text of the certified question appears. . We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution. . Section 775.021(4) provides in pertinent part: (b) The intent of the Legislature is to c…
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Gibbs v. State, 698 So. 2d 1206 (Fla. 1997)…uded offense.” McCloud, 577 So. 2d at 940; see also State v. Stenson, 587 So. 2d 1144 (Fla.1991); State v. Robinson, 581 So. 2d 157 (Fla.1991); State v. Oliver, 581 So. 2d 1304 (Fla.1991); State v. Dukes, 579 So. 2d 736 (Fla.1991); State v. V.A.A., 577 So. 2d 941 (Fla.1991). The Sirmons line of eases do not cite, refer to, or rely on the McCloud line of cases dealing with drug violations. Neither does Sirmons purport to overrule or recede from McCloud. We thus have no reason to believe that Sirmons was inten…
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State v. Robinson, 581 So. 2d 158 (Fla. 1991)…ourt 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 DCA 1990), approved in part, quashed in part, 577 So. 2d 941 (Fla.1991). The district court certified the following to be a 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…
Previewing 3 of 19 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Dion Michael Carawan v. State, 515 So. 2d 161 (Fla. 1987)
- State v. Smith, 547 So. 2d 613 (Fla. 1989)
- State v. McCLOUD, 577 So. 2d 939 (Fla. 1991)
- V.A.A. v. State, 561 So. 2d 314 (Fla. 2d DCA 1990)