STATE OF FLORIDA, PETITIONER,
v.
ALVIN GEORGE STENSON, RESPONDENT
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The court held that 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 State petitioned for review of a Second District Court of Appeal decision that affirmed convictions for selling cocaine but vacated convictions fo…
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OVERTON, Justice.
The State of Florida petitions this Court to review Stenson v. State, 573 So. 2d 1022 (Fla. 2nd DCA 1991), in which the Second District Court of Appeal affirmed Sten-son’s convictions and sentences for two counts of selling cocaine but vacated his convictions and sentences for two counts of possession of cocaine. The district court certified the following question as being 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?
Id. at 1022. We have jurisdiction pursuant to article V, section 3(b)(4), Florida Constitution.
We recently addressed this same certified question in State v. McCloud, 577 So. 2d 939 (Fla.1991), and in State v. V.A.A., 577 So. 2d 941 (Fla.1991), and we answered the question in the negative. In accordance with those decisions, we quash that part of the district court’s decision in Sten-son vacating Stenson’s convictions and sentences for two counts of possession of cocaine. We remand for proceedings consistent with this opinion.
It is so ordered.
SHAW, C.J., and McDONALD, BARKETT, GRIMES, KOGAN and HARDING, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Gibbs v. State, 698 So. 2d 1206 (Fla. 1997)…ere are situations, as illustrated by the above 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…
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Gibbs v. State, 676 So. 2d 1001 (Fla. 4th DCA 1996)…situations, as illustrated by the above eases, 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 o…1 / 2
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Jasper Reeves v. State, 659 So. 2d 1259 (Fla. 4th DCA 1995)…ed of both possession and sale of the same quantum of cocaine pursuant to amended dual conviction statute,1 because situations exist where sale could occur without possession, so that possession was not essential element of crime); State v. Stenson, 587 So. 2d 1144 (Fla.1991) (separate conviction and sentence for both sale and possession with intent to sell the same quantum of contraband did not violate double jeopardy); State v. Robinson, 581 So. 2d 158 (Fla.1991) (defendant may be convicted of and sentenced…
Authorities Cited
- State v. McCLOUD, 577 So. 2d 939 (Fla. 1991)
- State v. V.A.A., 577 So. 2d 941 (Fla. 1991)
- Stenson v. State, 573 So. 2d 1022 (Fla. 2d DCA 1991)