Gibbs v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that dual convictions were impermissible where both crimes arose from possession of the same cocaine
• holding double jeopardy analysis of trafficking and possession both based on possession should have compared only trafficking possession and simple possession
• finding that double jeopardy prohibited dual convictions for trafficking by possession of a large quantity of drugs in trunk of car and simple possession of a smaller quantity on person
• holding a person may not be convicted and punished for both trafficking possession of cocaine [based on possession of a specified amount of the drug] and simple possession of a controlled substance
• not finding “quantity” element of trafficking possession to constitute an element that simple possession does' not have, where simple possession punishes any quantity of drugs possessed
• “[T]he legislature intended that trafficking possession, which requires the possession of more than twenty-eight grams of cocaine, be punished more harshly than simple possession, which merely requires the possession of less than twenty-eight grams of any illegal drug.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

45 cases in this archive cite this case; the 20 most cited are listed.

• State v. Paul
  Supreme Court of Florida· 2006-06-22· cited 78×
• United States v. Alphonso James, Jr.
  Eleventh Circuit· 2005-11-17· cited 77×
• State v. Connelly
  Supreme Court of Florida· 1999-08-19· cited 28×
• James Houston Roughton v. State of Florida
  Supreme Court of Florida· 2016-02-25· cited 28×
• Paccione v. State
  Supreme Court of Florida· 1997-08-21· cited 20×
• Williams v. State
  Court of Criminal Appeals of Alabama· 2012-06-29· cited 18×
• Johnson v. State
  Supreme Court of Florida· 1998-05-07· cited 16×
• Latos v. State
  District Court of Appeal of Florida· 2010-07-07· cited 9×
• Sims v. State
  District Court of Appeal of Florida· 2001-09-12· cited 8×
• McGlorthon v. State
  District Court of Appeal of Florida· 2005-08-10· cited 8×
• Robinson v. State
  District Court of Appeal of Florida· 2005-05-25· cited 6×
• Khan v. State
  District Court of Appeal of Florida· 1998-01-21· cited 6×
• Aiken v. State
  District Court of Appeal of Florida· 1999-08-06· cited 6×
• Howard v. State
  District Court of Appeal of Florida· 2005-06-08· cited 5×
• Melton v. State
  District Court of Appeal of Florida· 2011-09-16· cited 5×
• Green v. State
  District Court of Appeal of Florida· 2002-10-18· cited 4×
• Graves v. State
  District Court of Appeal of Florida· 2012-08-24· cited 4×
• Charneco v. State
  District Court of Appeal of Florida· 2005-12-30· cited 3×
• Busby v. State
  District Court of Appeal of Florida· 2000-02-16· cited 3×
• Richardson v. State
  District Court of Appeal of Florida· 2007-11-26· cited 3×

Cites

18 cases in this archive are cited by this case.

• Blockburger v. United States
  Supreme Court· 1931-12-11· cited 10,676×
• Rutledge v. United States
  Supreme Court· 1996-03-27· cited 828×
• Chicone v. State
  Supreme Court of Florida· 1996-10-24· cited 155×
• State v. McCloud
  Supreme Court of Florida· 1991-02-28· cited 109×
• Sirmons v. State
  Supreme Court of Florida· 1994-02-03· cited 99×
• M.P. v. State
  Supreme Court of Florida· 1996-10-10· cited 76×
• Gaber v. State
  Supreme Court of Florida· 1996-12-12· cited 52×
• Rotenberry v. State
  Supreme Court of Florida· 1985-04-25· cited 48×
• Daudt v. State
  District Court of Appeal of Florida· 1979-01-31· cited 38×
• State v. Daophin
  Supreme Court of Florida· 1988-10-20· cited 35×
• State v. Anderson
  Supreme Court of Florida· 1997-05-29· cited 29×
• Portee v. State
  District Court of Appeal of Florida· 1980-12-24· cited 13×
• Gibbs v. State
  District Court of Appeal of Florida· 1996-06-19· cited 13×
• State v. V.A.A.
  Supreme Court of Florida· 1991-02-28· cited 13×
• State v. Oliver
  Supreme Court of Florida· 1991-07-03· cited 7×
• State v. Robinson
  Supreme Court of Florida· 1991-06-13· cited 3×
• State v. Stenson
  Supreme Court of Florida· 1991-10-17· cited 3×
• State v. Dukes
  Supreme Court of Florida· 1991-05-09· cited 2×