Florida District Courts of Appeal, 1990

Layton v. State

Layton v. State
Florida District Courts of Appeal · Decided December 7, 1990 · Hall, Lehan, Parker
570 So. 2d 1117; 1990 Fla. App. LEXIS 9176; 1990 WL 195825 (Southern Reporter, Second Series)

Layton v. State

Opinion of the Court

PARKER, Judge.

We affirm appellant’s conviction and sentence 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., 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?
LEHAN, A.C.J., and HALL, J., concur.

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