STATE OF FLORIDA, PETITIONER,
v.
ROBERT ROBINSON, RESPONDENT
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Florida Supreme Court held that convictions for both sale and possession of cocaine based on the same quantum of contraband do not violate double jeopardy under Florida Statutes section 775.021, and quashed the district court's vacation of the possession conviction.
Convictions and sentences for both sale and possession of the same cocaine do not violate double jeopardy when the crimes occurred after the effective date of section 775.021, Florida Statutes.
[1] Convictions for both sale and possession of cocaine based on the same quantum of contraband do not violate double jeopardy under Florida Statutes section 775.021.
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Join FLexlaw to unlock all legal intelligenceRobinson was convicted of both sale of cocaine and possession of cocaine involving the same quantity of contraband. The district court affirmed the sa…
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PER CURIAM.
The state of Florida seeks review of Robinson v. State, 572 So. 2d 992 (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, 572 So. 2d at 993.
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.
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Galen OF Fla., Inc. v. Braniff, 696 So. 2d 308 (Fla. 1997)…1983)(§ 768.28(6) plaintiff must give notice of a claim against the state within 3 years); Ingersoll v. Hoffman, 589 So. 2d 223 (Fla.1991) (plaintiff must give notice to defendant prior to filing claim for medical malpractice); Stresscon v. Madiedo, 581 So. 2d 158 (Fla.1991) (lienor must comply with owner’s request for written statement within 30 days). Although the parties have not cited it, I find a Florida Supreme Court decision involving the notice requirement in our worker’s compensation law analogous h…
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DELTA Fire Sprinklers, Inc. v. Onebeacon Ins. Co., 937 So. 2d 695 (Fla. 5th DCA 2006)…reature of the statute,” and because it is of this nature, persons seeking its benefits must strictly comply with the requirements of the construction lien law. See Aetna Cas. & Sur. Co. v. Buck, 594 So. 2d 280, 281 (Fla.1992); Stresscon v. Madiedo, 581 So. 2d 158, 159 (Fla.1991); Johnson v. Aqua Pool Co., Inc., 725 So. 2d 458, 459 (Fla. 2d DCA 1999); Hanley v. Kajak, 661 So. 2d 1248 (Fla. 4th DCA 1995). Thus, for example, section 713.08(5), Florida Statutes, requires a claim of lien to be recorded at any tim…
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Mursten Constr. Co. & Fid. & Deposit Co. of Md. v. C.E.S. Indus., Inc., 588 So. 2d 1061 (Fla. 3d DCA 1991)…re satisfied. As we understand the prevailing de-cisional law, we are obliged to give the mechanic’s lien statute a strict, and therefore literal, reading. See Home Electric of Dade County, Inc. v. Gonas, 547 So. 2d at 110-11; Stresscon v. Madiedo, 581 So. 2d 158 (Fla.1991), approving 561 So. 2d 1351 (Fla. 3d DCA 1990); accord Corporation of the President of the Latter Day Church of Jesus Christ v. Seymour Electric Supply Co., 558 So. 2d 88, 90 (Fla. 1st DCA 1990). Here, the statute proscribes the instituti…1 / 2
Previewing 3 of 14 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)
- V.A.A. v. State, 561 So. 2d 314 (Fla. 2d DCA 1990)
- State v. V.A.A., 577 So. 2d 941 (Fla. 1991)
- Robinson v. State, 572 So. 2d 992 (Fla. 2d DCA 1990)