Dukes v. State, 569 So. 2d 1380

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.

Case Details

Case Name: Dukes v. State

Court Name: District Court of Appeal of Florida

Date Published: Nov 21, 1990

Citations: 569 So. 2d 1380; 1990 WL 180943; 1990 Fla. App. LEXIS 8892; No. 90-00510

Docket Number: No. 90-00510

Court Abbreviation: Fla. Dist. Ct. App.