6 Florida opinions name it 2 courts 1998–2020 0 in the last five years
The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Gibbs v. Stategreen2 sentences2016See, e.g., Gibbs v. State, 698 So.2d 1206, 1209 (Fla.1997) (stating “[w]e do not find that the quantity requirement of trafficking possession is a separate element which allows dual prosecution of both trafficking possession and simple possession arising out of the same [illegal substance]”). 2013Since the quantity requirement is not a separate element of the trafficking offenses, see Gibbs, 698 So.2d at 1209 , and since both counts charged the identical conduct (purchase or possession), conviction under more than one of these statutes constituted a violation of double jeopardy. | 3 | 5 |
Channell v. Stategreen1 sentence2010Moreover, “[v]erdicts rendered in criminal cases are required to be certain and should signify a definite meaning devoid of ambiguity.” Channell v. State, 107 So.2d 284, 287 (Fla. 2d DCA 1958). | 1 | 1 |
State v. Jimenezgreen1 sentence2010See Gibbs v. State, 698 So.2d 1206, 1209 (Fla.1997) (stating “[w]e do not find that the quantity requirement of trafficking possession is a separate element which allows dual prosecution of both trafficking possession and simple possession arising out of the same [illegal substance]”) 4 ; Robinson v. State, 901 So.2d 1027, 1028 (Fla. 4th DCA 2005), citing Gibbs, 698 So.2d at 1206 and observing “Our supreme court has held that a defendant cannot be convicted of both trafficking possession of cocaine and simple possession of the ‘same’ cocaine.”); see also Redondo v. State, 403 So.2d 954, 956 (F | 1 | 1 |
Robinson v. Stategreen1 sentence2010See Gibbs v. State, 698 So.2d 1206, 1209 (Fla.1997) (stating “[w]e do not find that the quantity requirement of trafficking possession is a separate element which allows dual prosecution of both trafficking possession and simple possession arising out of the same [illegal substance]”) 4 ; Robinson v. State, 901 So.2d 1027, 1028 (Fla. 4th DCA 2005), citing Gibbs, 698 So.2d at 1206 and observing “Our supreme court has held that a defendant cannot be convicted of both trafficking possession of cocaine and simple possession of the ‘same’ cocaine.”); see also Redondo v. State, 403 So.2d 954, 956 (F | 1 | 1 |
Redondo v. Stategreen1 sentence2010See Gibbs v. State, 698 So.2d 1206, 1209 (Fla.1997) (stating “[w]e do not find that the quantity requirement of trafficking possession is a separate element which allows dual prosecution of both trafficking possession and simple possession arising out of the same [illegal substance]”) 4 ; Robinson v. State, 901 So.2d 1027, 1028 (Fla. 4th DCA 2005), citing Gibbs, 698 So.2d at 1206 and observing “Our supreme court has held that a defendant cannot be convicted of both trafficking possession of cocaine and simple possession of the ‘same’ cocaine.”); see also Redondo v. State, 403 So.2d 954, 956 (F | 1 | 1 |
Paccione v. Stategreen1 sentence1998Paccione, 698 So.2d at 252 (emphasis added). [7] Blockburger v. United States, 284 U.S. 299 , 52 S.Ct. 180 , 76 L.Ed. 306 (1932) (codified at section 775.021(4)(a), Florida Statutes (1995)). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
James Houston Roughton v. State of Florida
green
1 sentence2020Id. at 1209 . | 1 | 2020–2020 |
Blockburger v. United States
green
2 sentences1998Paccione, 698 So.2d at 252 (emphasis added). [7] Blockburger v. United States, 284 U.S. 299 , 52 S.Ct. 180 , 76 L.Ed. 306 (1932) (codified at section 775.021(4)(a), Florida Statutes (1995)). 1998Paccione, 698 So.2d at 252 (emphasis added). [7] Blockburger v. United States, 284 U.S. 299 , 52 S.Ct. 180 , 76 L.Ed. 306 (1932) (codified at section 775.021(4)(a), Florida Statutes (1995)). | 1 | 1998–1998 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.