Dukes v. State

Florida District Courts of Appeal
Dukes v. State, 569 So. 2d 1380 (1990)
1990 Fla. App. LEXIS 8892; 1990 WL 180943
Altenbernd, Frank, Patterson

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.

Reference

Full Case Name
William DUKES v. STATE of Florida
Cited By
2 cases
Status
Published