Florida District Courts of Appeal, 2012

Giraldo v. State

Giraldo v. State
Florida District Courts of Appeal · Decided March 28, 2012 · Wells, Suarez, Salter
82 So. 3d 1228; 2012 WL 1019998; 2012 Fla. App. LEXIS 4782 (Southern Reporter, Third Series)

Giraldo v. State

Opinion

ON MOTION FOR CLARIFICATION

WELLS, Chief Judge.

On consideration of the motion for clarification filed by the Miguel Giraldo, the Court withdraws its previous opinion and substitutes the following opinion.

Affirmed. See Smith v. State, 79 So.3d 127 (Fla. 3d DCA 2012); Little v. State, 77 So.3d 722 (Fla. 3d DCA 2011); Adams v. State, 76 So.3d 367 (Fla. 3d DCA 2011) (holding that section 893.13, as amended by section 893.101, Florida Statutes (2002), is constitutional); see also Flagg v. State, 74 So.3d 138, 141 (Fla. 1st DCA 2011) (citing State v. Adkins, 71 So.3d 184 (Fla. 2d DCA 2011) [review granted, 71 So.3d 117 (Fla. 2011) ], and acknowledging “uncertainty caused by [Shelton v. Secretary, Department of Corrections, 802 F.Supp.2d 1289 (M.D.Fla. 2011) ]” but reaffirming its view that section 893.13 is constitutional).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.