STATE OF FLORIDA, PETITIONER,
v.
JAMES HOWARD GILLETTE, RESPONDENT
STATE OF FLORIDA, PETITIONER,
JAMES HOWARD GILLETTE, RESPONDENT
580 So. 2d 614
Florida Supreme Court (1991)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We granted review of Gillette v. State, 571 So. 2d 600, 600 (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 (1988 Supp.), is it improper to convict and sentence for both crimes?
We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution. We answered this question in the negative in State v. McCloud, 577 So. 2d 939 (Fla.1991), and State v. V.A.A., 577 So. 2d 941 (Fla.1991). Therefore, we quash the opinion under review with instructions to affirm the conviction and sentence for possession of cocaine.
It is so ordered.
SHAW, C.J., and OVERTON, McDonald, barkett, grimes, KOGAN and HARDING, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Lamont Hanna, 582 So. 2d 157 (Fla. 4th DCA 1991)…rges arose out of the same transactions and the same amounts of cocaine. Our reversal is occasioned by the supreme court’s decisions in State v. McCloud, 577 So. 2d 939 (Fla.1991), and State v. Robinson, 581 So. 2d 157 (Fla.1991), State v. Gillette, 580 So. 2d 614 (Fla.1991), and State v. Robinson, 581 So. 2d 158 (Fla.1991). GLICKSTEIN, C.J., ANSTEAD, J., and WALDEN, JAMES H„ Senior Judge, concur.…
Authorities Cited
- State v. McCLOUD, 577 So. 2d 939 (Fla. 1991)
- State v. V.A.A., 577 So. 2d 941 (Fla. 1991)
- Gillette v. State, 571 So. 2d 600 (Fla. 2d DCA 1990)