STATE OF FLORIDA, PETITIONER,
v.
BOBBY CHARLES OLIVER, RESPONDENT
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The legislature intended for possession and sale of the same narcotic to be separate crimes, allowing for separate convictions and punishments.
Bobby Charles Oliver was convicted of possession with intent to sell and sale of cocaine arising from two separate incidents. The district court rever…
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BARKETT, Justice.
We review Oliver v. State, 569 So. 2d 945 (Fla. 1st DCA 1990), based on direct conflict with Davis v. State, 560 So. 2d 1231 (Fla. 5th DCA 1990), approved, 581 So. 2d 893 (Fla.1991).1
Bobby Charles Oliver was convicted of two counts of possession with intent to sell cocaine and two counts of sale of cocaine arising out of two separate incidents. The district court reversed and remanded for vacation of one of the convictions as to each transaction based on its opinion in Wheeler v. State, 549 So. 2d 687 (Fla. 1st DCA 1989), review dismissed, 560 So. 2d 235 (Fla.1990), which held that separate convictions and punishments for two crimes arising out of a single transaction and involving the same controlled substance violated the principles of double jeopardy.
As Oliver concedes, our recent decision in State v. McCloud, 577 So. 2d 939 (Fla.1991), controls the outcome of this case. In McCloud, we held that the legislature intended for possession and sale of the same narcotic to be separate crimes under section 775.021(4), Florida Statutes (Supp. 1988), and thus a trial court may properly convict and sentence for both offenses. We have already approved Davis for the same reason. Davis, 581 So. 2d at 894. We disapprove the decision in Wheeler, quash the decision below, and remand for proceedings consistent with this opinion.2
It is so ordered.
SHAW, C.J., and OVERTON, McDonald, GRIMES, KOGAN and HARDING, JJ., concur. . We have jurisdiction pursuant to article V, section 3(b)(3), Florida Constitution.
. We decline to discuss the other issue raised by Oliver as it is beyond the scope of the conflict that formed the basis for our jurisdiction.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Gibbs v. State, 698 So. 2d 1206 (Fla. 1997)…ssion, 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 violations. Neither does Sirmons purport to ov…
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Gibbs v. State, 676 So. 2d 1001 (Fla. 4th DCA 1996)…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 violations. Neither does Sirmons purport to o…1 / 2
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Johnson v. State, 150 So. 3d 214 (Fla. 1st DCA 2011)…n against double jeopardy. In doing so, we relied upon McCloud, reasoning that “[a]s the [certified] question is worded and answered in McCloud, the instant convictions would not constitute double jeopardy.” Id. at 1158-59; see also State v. Oliver, 581 So. 2d 1304,1305 (Fla.1991) (relying on McCloud in holding that convictions for possession with intent to sell cocaine and sale of cocaine did not violate the prohibition against double jeopardy); McMullen v. State, 876 So. 2d 589, 590 (Fla. 5th DCA 2004) (citi…
Previewing 3 of 6 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)
- Wheeler v. State, 549 So. 2d 687 (Fla. 1st DCA 1989)
- Davis v. State, 560 So. 2d 1231 (Fla. 5th DCA 1990)
- Davis v. State, 581 So. 2d 893 (Fla. 1991)
- Taylor v. State, 569 So. 2d 945 (Fla. 1st DCA 1990)