Florida District Courts of Appeal, 2012

Davis v. State

Davis v. State
Florida District Courts of Appeal · Decided September 6, 2012 · Marstiller, Ray, Swanson
96 So. 3d 477; 2012 WL 3870859; 2012 Fla. App. LEXIS 14896 (Southern Reporter, Third Series)

Davis v. State

Opinion of the Court

PER CURIAM.

The appellant filed a rule 3.850 postcon-viction motion containing four claims which the trial court denied. We affirm the order denying relief and note that claim four involves a challenge pursuant to Shelton v. Secretary, Department of Corrections, 802 F.Supp.2d 1289 (M.D.Fla. 2011). The Florida Supreme Court has since held that section 893.13, Florida Statutes, is not unconstitutional. See State v. Adkins, 96 So.3d 412 (Fla. 2012). We therefore affirm.

AFFIRMED.

MARSTILLER, RAY and SWANSON, JJ., concur.

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