Gregg v. State
Gregg v. State
Opinion of the Court
Brent Andrew Gregg appeals the order entered in April 2011 revoking his community control and the resulting prison sentences. We affirm.
On appeal, the only issue Mr. Gregg raises is the constitutionality of the relevant drug statutes. This issue is 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 conclude that Mr. Gregg was required to raise this issue in a direct appeal of his judgment when it was entered in 2010. He is not entitled to raise this issue for the first time in this appeal of the order entered on his violation of community control. In the event that the supreme court holds a relevant statute unconstitutional in Adkins, Mr. Gregg may be entitled to raise this issue in a timely filed motion for postconviction relief.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.