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Florida District Courts of Appeal, 2012

Lopez v. State

Lopez v. State
Florida District Courts of Appeal · Decided July 6, 2012 · Cohen, Jacobus, Sawaya
91 So. 3d 907; 2012 WL 2600874; 2012 Fla. App. LEXIS 10880 (Southern Reporter, Third Series)

Lopez v. State

Opinion of the Court

PER CURIAM.

We affirm and write to address only one issue. As to the Shelton1 issue, we affirm based on Flagg v. State, 74 So.3d 138 (Fla. 1st DCA 2011). We certify that the same issue reviewed in this case is currently pending before the Florida Supreme Court. State v. Adkins, 71 So.3d 184 (Fla. 2d DCA 2011), review granted, 71 So.3d 117 (Fla. 2011). The mandate will be withheld pending final disposition of Adkins.

AFFIRMED.

SAWAYA, COHEN and JACOBUS, JJ., concur.

. Shelton v. Sec’y, Dep’t of Corr., 802 F.Supp.2d 1289 (M.D.Fla. 2011).

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