STATE OF FLORIDA, PETITIONER,
v.
CURTIS WHITE, RESPONDENT
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Convicting and sentencing for both sale and possession of the same contraband is not improper when the crimes occurred after the effective date of section 775.021, Florida Statutes.
The Second District Court of Appeal affirmed convictions for selling cocaine but vacated convictions for possession of the same cocaine. The State pet…
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OVERTON, Justice.
The State of Florida petitions this Court to review White v. State, 571 So. 2d 498 (Fla. 2d DCA 1990), in which the Second District Court of Appeal affirmed White’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 certified the following question as one 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?
Id. at 499. We have jurisdiction pursuant to article V, section 3(b)(4), Florida Constitution.
We recently addressed this same certified question in State v. McCloud, 577 So. 2d 939 (Fla.1991), and in State v. V.A.A., 577 So. 2d 941 (Fla.1991), and we answered the question in the negative. In accordance with those decisions, we quash that part of the district court’s decision in White vacating White’s convictions and sentences for two counts of possession of cocaine. We remand for proceedings consistent with this opinion.
It is so ordered.
SHAW, C.J., and McDONALD, BARKETT, GRIMES, KOGAN and HARDING, JJ., concur.
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Nardo Zaias v. Honorable Robert P. Kaye, 643 So. 2d 687 (Fla. 3d DCA 1994)…been re-elected, and the case is set for trial in the near future. The fact that an attorney made a campaign contribution to a judge or served on a judge’s campaign committee does not, without more, require disqualification. Nathanson v. Korvick, 577 So. 2d 943 (Fla.1991); MacKenzie v. Super Kids Bargain Store, Inc., 565 So. 2d 1332 (Fla.1990). In general, facts must be alleged indicating “a specific and substantial political relationship” between the parties to constitute legally sufficient grounds for di…
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Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. McCLOUD, 577 So. 2d 939 (Fla. 1991)
- State v. V.A.A., 577 So. 2d 941 (Fla. 1991)
- Caribank Leasing Corp. v. Todd's Crane, Inc., 571 So. 2d 498 (Fla. 4th DCA 1990)