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GILLETTE v. STATE

No. 90-01429.

571 So.2d 600 (1990)

James Howard GILLETTE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 28, 1990.

Attorney(s) appearing for the Case

Dwight M. Wells, Tampa, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Wendy Buffington, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

We affirm appellant's conviction and sentence for sale of cocaine. We vacate his conviction and sentence for possession of cocaine on the authority of V.A.A. v. State, 561 So.2d 314 (Fla. 2d DCA 1990). As in V.A.A., we certify to the Florida Supreme Court the following question of great public importance:

WHEN A DOUBLE JEOPARDY VIOLATION IS ALLEGED BASED ON THE CRIMES OF SALE AND POSSESSION (OR...

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