Florida District Courts of Appeal, 2012

Gardner v. State

Gardner v. State
Florida District Courts of Appeal · Decided June 6, 2012 · Rothenberg, Suarez, Wells
89 So. 3d 1073; 2012 WL 2012426; 2012 Fla. App. LEXIS 8892 (Southern Reporter, Third Series)

Gardner v. State

Opinion of the Court

PER CURIAM.

Affirmed. See Little v. State, 77 So.3d 722, 722-23 (Fla. 3d DCA 2011) (holding that “section 893.13, as amended by section 893.101, Florida Statutes (2002), is constitutional”; rejecting Shelton v. Secretary, Department of Corrections, 802 F.Supp.2d 1289, 1308 (M.D.Fla. 2011), in which federal court held that section 893.13, Florida Statutes (2004), “violates the due process clause and that the statute is unconstitutional on its face”); Ortega v. State, 76 So.3d 346 (Fla. 3d DCA 2011); see also State v. Adkins, 71 So.3d 184 (Fla. 2d DCA 2011), review granted, 71 So.3d 117 (Fla. 2011).

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