STATE OF FLORIDA, PETITIONER,
v.
JAMES ROBINSON, RESPONDENT
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It is not improper to convict and sentence for both sale and possession of the same contraband when the crimes occurred after the effective date of section 775.021, Florida Statutes (Supp.1988).
The district court affirmed a conviction for sale of cocaine but vacated a conviction for possession of the same cocaine, certifying a question of gre…
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PER CURIAM.
We review Robinson v. State, 571 So. 2d 120 (Fla. 2d DCA 1990), in which the district court 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 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?
Robinson, 571 So. 2d at 120.
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 Robinson’s 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)…cases, where a sale can occur without possession, possession is not an essential element 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 The Sirmons line of eases do not cite, refer to, or rely on the McCloud line of cases dealing with drug v…
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Gibbs v. State, 676 So. 2d 1001 (Fla. 4th DCA 1996)…where a sale can occur without possession, possession is not an essential element of sale 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…
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State v. Lamont Hanna, 582 So. 2d 157 (Fla. 4th DCA 1991)…Count II of both informations because the charges 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)
- V.A.A. v. State, 561 So. 2d 314 (Fla. 2d DCA 1990)
- State v. V.A.A., 577 So. 2d 941 (Fla. 1991)
- Taylor v. State, 571 So. 2d 120 (Fla. 2d DCA 1990)
- Haynes v. State, 571 So. 2d 120 (Fla. 2d DCA 1990)