Florida District Courts of Appeal, 2012

Johnson v. State

Johnson v. State
Florida District Courts of Appeal · Decided July 11, 2012 · Casanueva, Kelly, Silberman
113 So. 3d 31; 2012 WL 2814142; 2012 Fla. App. LEXIS 11231 (Southern Reporter, Third Series)

Johnson v. State

Opinion of the Court

PER CURIAM.

Robert Lamar Johnson appeals the revocation of his probation and the sentence imposed for his underlying conviction for delivery of cannabis within 1000 feet of a school. We affirm.

Because Mr. Johnson raises here a challenge to the constitutionality of the underlying conviction based upon Shelton v. Secretary, Department of Corrections, 802 F.Supp.2d 1289 (M.D.Fla. 2011), and as this issue is presently pending before the Florida supreme court in State v. Adkins, 71 So.3d 184 (Fla. 2d DCA), review granted, 71 So.3d 117 (Fla. 2011), we recognize that he may be entitled to raise this issue in a timely motion for postconviction relief. See Gregg v. State, 87 So.3d 812 (Fla. 2d DCA 2012).

SILBERMAN, C.J., and CASANUEVA and KELLY, JJ., Concur.

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