State v. V.A.A., 577 So. 2d 941 (Fla. 1991). · Go Syfert
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State v. V.A.A., 577 So. 2d 941 (Fla. 1991). Cases Citing This Book View Copy Cite
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It is not a violation of double jeopardy to convict and sentence a defendant for both the sale and the possession of the same quantum of contraband.

After a respondent was adjudicated delinquent for counts of sale and possession of cannabis occurring on two separate dates, the court addressed whether a double jeopardy violation occurs when a defendant is convicted of both the sale and possession of the same quantum of contraband. The court considers whether such convictions are improper under section 775.021, Florida Statutes. Applying recent precedent, the court determines that it is not improper to convict and sentence for both the sale and possession of the same quantity of contraband. The court affirms the delinquency adjudication for the sales but quashes the reversal of the delinquency adjudication for the subsequent possession charges.

23 citation events across 2 distinct courts.
Strongest positive: Gibbs v. State, 676 So. 2d 1001 (Fla. 4th DCA 1996)
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991 2008 2026
How cited ↗
Cited for
Other citing cases1 with no pin cite or quoted language on record
STATE of Florida, Petitioner,
v.
V.A.A., a Child, Respondent.
75902.
Supreme Court of Florida.
Feb 28, 1991.
Published opinion
577 So. 2d 941
1991 WL 25375
1991 Fla. LEXIS 390
Per Curiam.
Published
Pinpoint authority: bottom 70%
Citer courts: District Court of Appeal of Fl… (1)

[*942] Robert A. Butterworth, Atty. Gen., and Brenda S. Taylor, Asst. Atty. Gen., Tampa, for petitioner.

James Marion Moorman, Public Defender, and Allyn Giambalvo, Asst. Public Defender, Tenth Judicial Circuit, Clearwater, for respondent.

PER CURIAM.

We granted review of V.A.A. v. State, 561 So.2d 314 (Fla.2d DCA 1990), to answer the following certified 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?[*]

Id. at 315. We recently addressed this same question in State v. McCloud, 577 So.2d 939 (Fla. 1991), in which we answered the question in the negative.

In the case before us, the defendant was adjudicated delinquent of two counts charging sale and possession of one quantity of cannabis on June 16, 1988, and two counts charging sale and possession of a different quantity of cannabis on July 5, 1988. The district court correctly reversed the adjudication of delinquency for the possession charge of June 16, 1988, pursuant to this Court's decision in Carawan v. State, 515 So.2d 161 (Fla. 1987). See State v. Smith, 547 So.2d 613 (Fla. 1989). However, the offenses of July 5, 1988 are subject to our decisions in McCloud, and the district court therefore erred in reversing the adjudication of delinquency for possession.

Accordingly, we approve that part of the decision affirming the adjudication of delinquency for the two counts of sale and reversing the adjudication of delinquency for the possession charge of June 16, 1988, and quash that part of the decision reversing the adjudication of delinquency for the possession charge of July 5, 1988. We remand for proceedings consistent with this opinion.

It is so ordered.

SHAW, C.J., and OVERTON, McDONALD and GRIMES, JJ., concur.

KOGAN, J., dissents with an opinion, in which BARKETT, J., concurs.

KOGAN, Justice, dissenting.

I dissent for the reasons expressed in Justice Barkett's dissent in State v. McCloud, 577 So.2d 939 (Fla. 1991).

BARKETT, J., concurs.

[*] We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution.