Florida District Courts of Appeal, 1990

Dukes v. State

Dukes v. State
Florida District Courts of Appeal · Decided November 21, 1990 · Altenbernd, Frank, Patterson
569 So. 2d 1380; 1990 Fla. App. LEXIS 8892; 1990 WL 180943 (Southern Reporter, Second Series)

Dukes v. State

Opinion of the Court

PER CURIAM.

We affirm appellant’s conviction and sen- • tence for one count of sale of cocaine. We vacate the conviction and sentence for possession of cocaine on the authority of V.A.A. v. State, 561 So.2d 314 (Fla. 2d DCA 1990). As in V.A.A. v. State, we certify to the Florida Supreme Court the following 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?
FRANK, A.C.J., and PATTERSON and ALTENBERND, JJ., concur.

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