State v. Gillette

580 So.2d 614 (1991)

STATE of Florida, Petitioner,

v.

James Howard GILLETTE, Respondent.

No. 77241.

Supreme Court of Florida.

June 13, 1991.

Robert A. Butterworth, Atty. Gen., and Wendy Buffington and Peggy A. Quince, Asst. Attys. Gen., Tampa, for petitioner.

Dwight M. Wells, Tampa, for respondent.

We granted review of Gillette v. State, 571 So.2d 600, 600 (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…