Florida District Courts of Appeal, 2012

Benbow v. State

Benbow v. State
Florida District Courts of Appeal · Decided October 12, 2012 · Lewis, Makar, Wetherell
98 So. 3d 261; 2012 WL 4840704; 2012 Fla. App. LEXIS 17766 (Southern Reporter, Third Series)

Benbow v. State

Opinion of the Court

PER CURIAM.

Appellant pled no contest to several felony drug offenses and was sentenced to 18 months in prison. On appeal, she challenges the constitutionality of section 893.101, Florida Statutes (2009), based on the reasoning in Shelton v. Secretary, Department of Corrections, 802 F.Supp.2d 1289 (M.D.Fla. 2011). That decision was recently reversed on appeal, see Shelton v. Secretary, Department of Corrections, 691 F.3d 1348 (11th Cir. 2012), and the Florida Supreme Court expressly upheld the constitutionality of section 893.101 in State v. Adkins, 96 So.3d 412 (Fla. 2012). Accordingly, we reject Appellant’s constitutional challenge and affirm her convictions and sentences.

AFFIRMED.

LEWIS, WETHERELL, and MAKAR, JJ., concur.

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