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Tillman v. State

District Court of Appeal of Florida, First District
Apr 16, 1991
577 So. 2d 1003 (Fla. Dist. Ct. App. 1991)

Opinion

No. 89-2622.

April 16, 1991.

An appeal from the Circuit Court for Suwannee County; Thomas J. Kennon, Jr., Judge.

Barbara M. Linthicum, Public Defender and P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen. and James W. Rogers, Asst. Atty. Gen., Tallahassee, for appellee.


Earnest Tillman appeals a judgment and sentence adjudicating him guilty of sale of a substance in lieu of a controlled substance in violation of section 817.563, Florida Statutes (1987), possession of a controlled substance with intent to sell in violation of section 893.13(1)(a), Florida Statutes (Supp. 1988), and sale of a controlled substance in violation of section 893.13(1)(a), Florida Statutes (Supp. 1988).

The Supreme Court of Florida recently held, in answer to a certified question, that a double jeopardy violation does not occur upon conviction for the crimes of sale and possession (or possession with intent to sell) of the same quantum of contraband, when the crimes occurred after the effective date of section 775.021, Florida Statutes (Supp. 1988). State v. V.A.A., 577 So.2d 941 (Fla. 1991). Because the offenses in this case were committed after October 1, 1988, the effective date of the statute, appellant's convictions and sentences for sale and possession with intent to sell are affirmed.

No issue is presented with respect to the conviction for sale of a substance in lieu of a controlled substance.

The judgments and sentences appealed are therefore AFFIRMED.

SMITH, NIMMONS and ZEHMER, JJ., concur.


Summaries of

Tillman v. State

District Court of Appeal of Florida, First District
Apr 16, 1991
577 So. 2d 1003 (Fla. Dist. Ct. App. 1991)
Case details for

Tillman v. State

Case Details

Full title:EARNEST TILLMAN, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Apr 16, 1991

Citations

577 So. 2d 1003 (Fla. Dist. Ct. App. 1991)