State v. Thompson
| Decision Date | 12 November 1992 |
| Docket Number | No. 78728,78728 |
| Citation | 607 So.2d 422 |
| Parties | 17 Fla. L. Week. S701 STATE of Florida, Petitioner, v. Dennis Wayne THOMPSON, Respondent. |
| Court | Florida Supreme Court |
Application for Review of the Decision of the District Court of Appeal--Certified Great Public Importance, Fifth District--Case No. 90-2074 (Seminole County).
Robert A. Butterworth, Atty. Gen., and Bonnie Jean Parrish, Asst. Atty. Gen., Daytona Beach, for petitioner.
James B. Gibson, Public Defender, and Michael S. Becker, Asst. Public Defender, Daytona Beach, for respondent.
This is a petition to review Thompson v. State, 585 So.2d 492 (Fla. 5th DCA 1991), in which the Fifth District Court of Appeal held that Thompson cannot be sentenced for both the sale of a counterfeit controlled substance and for felony petit theft when both offenses are based on the same conduct. The district court certified the following question as one of great public importance:
CAN A DEFENDANT BE PROPERLY CONVICTED OF BOTH FRAUDULENT SALE OF A COUNTERFEIT CONTROLLED SUBSTANCE AND FELONY PETIT THEFT WHERE BOTH CHARGES AROSE FROM THE SAME FRAUDULENT SALE?
Id. at 495. We have jurisdiction. Art. V, Sec. 3(b)(4), Fla. Const. We answer the certified question in the negative and approve in full the district court decision, finding that it is consistent with our decision in Houser v. State, 474 So.2d 1193 (Fla.1985). We find that State v. Bussey, 463 So.2d 1141 (Fla.1985), is not applicable under the circumstances of this case and agree with the district court that this is a theft crime. We adopt the opinion of the district court as the opinion of this Court.
It is so ordered.
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Gibbs v. State, 94-1244
...a double jeopardy violation in this case. Sirmons is the head of a line of cases from the supreme court, including State v. Thompson, 607 So.2d 422 (Fla.1992), and Johnson v. State, 597 So.2d 798 (Fla.1992), dealing with double jeopardy and crimes involving penal variations on the essential......
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Mckinney v. State
...State, 780 So.2d 17 (Fla.2001); State v. Anderson, 695 So.2d 309 (Fla.1997); Sirmons v. State, 634 So.2d 153 (Fla.1994); State v. Thompson, 607 So.2d 422 (Fla.1992); Carawan v. State, 515 So.2d 161 (Fla.1987). This Court utilized Blockburger to interpret statutory provisions, but did not ri......
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...or the taking of a firearm merely defined the degree of the felony and did not constitute separate crimes. See id. In State v. Thompson, 607 So.2d 422 (Fla.1992), we adopted the lower court's opinion, holding that dual convictions for fraudulent sale of a counterfeit controlled substance an......
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Com. v. Grife
...396 P.2d 5 (1964); Adams v. State, 650 So.2d 1039 (Fla.App.1995); Thompson v. State, 585 So.2d 492 (Fla.App.1991), opinion adopted, 607 So.2d 422 (1992); Baskerville, supra; Rosengarten v. State, 171 So.2d 591 (Fla.App.), cert. denied, 177 So.2d 476 We agree with the following persuasive co......