JAMES R. PACCIONE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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SHAHOOD, Judge.
James Paccione pled nolo contendere to the charges of possession of marijuana with intent to sell in violation of section 893.13(l)(a), Florida Statutes (1993), and simple possession of the same marijuana in violation of section 893.13(6)(a), Florida Statutes (1993), reserving the right to appeal the denial of his previously-filed motion to dismiss based on double jeopardy violations. We affirm appellant’s convictions on the authority of Peterson v. State, 645 So. 2d 1028 (Fla. 4th DCA 1994). As we did in Gibbs v. State, 676 So. 2d 1001 (Fla. 4th DCA 1996), we find it necessary to certify to the supreme court the following as a question of great public importance:
May a person be separately convicted and punished for possession of marijuana with intent to sell and simple possession of the same quantity of marijuana?
AFFIRMED.
GUNTHER, C.J., and POLEN, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Paccione v. State, 698 So. 2d 252 (Fla. 1997)…WELLS, Judge. We have for review Paccione v. State, 676 So. 2d 529 (Fla. 4th DCA 1996), in which the district court certified the following question to be of great public importance: MAY A PERSON BE SEPARATELY CONVICTED AND PUNISHED FOR POSSESSION OF MARIJUANA WITH INTENT TO SELL AND SIMPLE POSSESSION OF THE SAME…
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Hamilton v. State, 695 So. 2d 436 (Fla. 4th DCA 1997)…PER CURIAM. We affirm, but certify the same question as we did in Paccione v. State, 676 So. 2d 529 (Fla. 4th DCA 1996). GLICKSTEIN, FARMER and GROSS, JJ., concur.…
Authorities Cited
- Gibbs v. State, 676 So. 2d 1001 (Fla. 4th DCA 1996)
- Ezekiel Peterson v. State, 645 So. 2d 1028 (Fla. 4th DCA 1994)