Adams v. State

Florida District Courts of Appeal December 21, 2011

Adams v. State, 76 So. 3d 367 (2011)

2011 Fla. App. LEXIS 20461; 2011 WL 6372968

Emas, Fernandez, Schwartz

Opinion

SCHWARTZ, Senior Judge.

As held by four unanimous district courts of appeal, including this one, we again reject Shelton v. Secretary, Department of Corrections, 802 F.Supp.2d 1289 (M.D.Fla. 2011) and hold that section 893.13, as amended by section 893.101, Florida Statutes (2002), is constitutional. Accord Maestas v. State, 76 So.3d 991, *368 2011 WL 5964337 (Fla. 4th DCA 2011); Little v. State, 77 So.3d 722, 2011 WL 5554812 (Fla. 3d DCA 2011); Holcy v. State, — So.3d -, 2011 WL 5299328 (Fla. 5th DCA 2011); Flagg v. State, 74 So.3d 138 (Fla. 1st DCA 2011). 1 Accordingly, the order below denying postconviction relief is

Affirmed.

. The only district court of appeal which has not considered the merits of Shelton has "passed through” the issue to the Florida Supreme Court. State v. Adkins, 71 So.3d 184 (Fla. 2d DCA 2011).

Reference

Full Case Name: Keith D. ADAMS, Appellant, v. the STATE of Florida, Appellee
Cited By: 22 cases
Status: Published