Holmes v. State

The defendant on appeal claims his double jeopardy rights were violated when he was convicted of possession and sale of the exact same drug. This dissent is based on the dissent in Davis v. State, 560 So.2d 1231 (Fla. 5th DCA 1990), jurisdiction accepted, 568 So.2d 435 (Fla.1990). The First and the Second District Courts of Appeal have ruled contrary to Davis and have certified the matter.1. Stenson v. State, 573 So.2d 1022 (Fla. 2d DCA 1991); James v. State, 573 So.2d 1025 (Fla. 2d DCA 1991); Robinson v. State, 572 So.2d 992 (Fla. 2d DCA 1990); Gillette v. State, 571 So.2d 600 (Fla. 2d DCA…