STATE OF FLORIDA, PETITIONER,
v.
WILLIAM DUKES, RESPONDENT
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Florida Supreme Court held that convicting and sentencing a defendant for both sale and possession of cocaine based on the same quantum of contraband does not violate double jeopardy under Florida Statutes section 775.021, and quashed the district court's vacation of the possession conviction.
A defendant may be convicted and sentenced for both sale and possession of the same contraband without violating double jeopardy principles under Florida Statutes section 775.021.
[1] A defendant may be convicted and sentenced for both sale and possession of the same contraband without violating double jeopardy under Florida Statutes section 775.021.
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Join FLexlaw to unlock all legal intelligenceDukes was convicted of both sale of cocaine and possession of cocaine involving the same quantity of contraband. The district court affirmed the sale …
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PER CURIAM.
The state of Florida seeks review of Dukes v. State, 569 So. 2d 1380 (Fla. 2d DCA 1990), in which the district court affirmed Dukes’ conviction and sentence for sale of cocaine, but vacated Dukes’ 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 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?
We answered that question in the negative in State v. McCloud, 577 So. 2d 939 (Fla.1991), and on that authority, we quash that part of the district court’s decision vacating Dukes’ conviction and sentence for possession of cocaine. We remand for proceedings consistent with this opinion. It is so ordered.
SHAW, C.J., and OVERTON, McDonald, barkett, grimes, KOGAN and HARDING, JJ., concur. *
We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Gibbs v. State, 698 So. 2d 1206 (Fla. 1997)…t of sale and is therefore not a lesser-included 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…
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Gibbs v. State, 676 So. 2d 1001 (Fla. 4th DCA 1996)…le and is therefore not a lesser-included offense.” [e.s.] 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 Sir-mons line of cases 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 hav…
Authorities Cited
- State v. McCLOUD, 577 So. 2d 939 (Fla. 1991)
- V.A.A. v. State, 561 So. 2d 314 (Fla. 2d DCA 1990)
- State v. V.A.A., 577 So. 2d 941 (Fla. 1991)
- Dukes v. State, 569 So. 2d 1380 (Fla. 2d DCA 1990)
- Britton Brown v. State, 569 So. 2d 1380 (Fla. 2d DCA 1990)