Florida District Courts of Appeal, 2012

Black v. State

Black v. State
Florida District Courts of Appeal · Decided January 24, 2012 · Benton, Davis, Marstiller
77 So. 3d 913; 2012 Fla. App. LEXIS 967; 2012 WL 193957 (Southern Reporter, Third Series)

Black v. State

Opinion

ON MOTION FOR REHEARING

PER CURIAM.

We grant Appellant’s motion for rehearing, withdraw our previous per curiam af-firmance, and substitute this opinion in its place.

Appellant contends in part that his convictions for drug offenses under chapter 893, Florida Statutes, should be set aside based upon Shelton v. Secretary, Department of Corrections, 23 Fla. L. Weekly Fed. D11, 802 F.Supp.2d 1289 (M.D.Fla. 2011). We recently rejected this argument in Flagg v. State, 74 So.3d 138 (Fla. 1st DCA 2011). Accordingly, we AFFIRM.

BENTON, C.J., DAVIS and MARSTILLER, JJ., concur.

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