Legal Opinion · Dissent

State v. Johnson

Supreme Court of Florida

Decided May 17, 1990No. 74251Published

1DissentShaw, Justice

I dissent for the same reason I dissented in State v. Hatten, 560 So.2d 1172 (Fla.1990). The district court here held that convictions for sale and simple possession cannot be based on a single act. In my opinion, this conflicts with Carawan v. State, 515 So.2d 161 (Fla.1987), in that sale and simple possession contain different statutory elements and address different evils.

2Cases cited2 opinions

  1. Carawan v. StateSupreme Court of Florida · 1987
  2. State v. HattenSupreme Court of Florida · 1990