Florida District Courts of Appeal, 2012

State v. Mann

State v. Mann
Florida District Courts of Appeal · Decided October 3, 2012 · Altenbernd, Casanueva, Khouzam
98 So. 3d 251; 2012 WL 4660850; 2012 Fla. App. LEXIS 16737 (Southern Reporter, Third Series)

State v. Mann

Opinion of the Court

CASANUEVA, Judge.

The State of Florida appeals the dismissal of its prosecution of Christopher Mann for possession of a controlled substance, possession of drug paraphernalia, and petit theft. The trial court had dismissed the case upon a finding that the relevant statute, section 893.13, Florida Statutes (2010), was unconstitutional. See Shelton v. Secretary, Department of Corrections, 802 F.Supp.2d 1289 (M.D.Fla. 2011), rev’d, 691 F.3d 1348 (11th Cir. 2012). The statute has since been found constitutional in State v. Adkins, 96 So.3d 412 (Fla. 2012). We therefore reverse with instructions to vacate the order of dismissal and reinstate the cause.

Reversed and remanded for further proceedings.

ALTENBERND and KHOUZAM, JJ., Concur.

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