Legal Opinion · Dissent

St. Clair v. State

District Court of Appeal of Florida

Decided February 8, 1991No. 88-00930Published

1DissentDanahy, Judge

While I agree this is not a double jeopardy case, I respectfully dissent on the issue of proof and, further, discuss the double jeopardy concerns because the majority unnecessarily recedes from Gordon.4

First of all, I would affirm both of St. Clair’s convictions because he was a principal to both of the seller’s crimes of delivery and possession. In his role of broker, St. Clair “stood in the shoes” of the seller and is, therefore, guilty of all crimes for which the seller is, or could be, convicted. The seller delivered one rock of cocaine to Evans, and, additionally, retained in his hand…

2Cases cited28 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. Carawan v. StateSupreme Court of Florida · 1987
  3. State v. SmithSupreme Court of Florida · 1989
  4. Gordon v. StateDistrict Court of Appeal of Florida · 1988
  5. Bryant v. StateSupreme Court of Florida · 1982

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