Florida District Courts of Appeal, 2012

State v. Moore

State v. Moore
Florida District Courts of Appeal · Decided October 5, 2012 · Davis, Morris, Villanti
98 So. 3d 724; 2012 WL 4748159; 2012 Fla. App. LEXIS 16876 (Southern Reporter, Third Series)

State v. Moore

Opinion of the Court

PER CURIAM.

The State appeals the dismissal of the charge against Joshua Moore for possession of a controlled substance in violation of section 893.13(6)(a), Florida Statutes (2011). The circuit court dismissed the charge based on its conclusion that section 893.13 was facially unconstitutional. We reverse based on the supreme court’s recent decision in State v. Adkins, 96 So.3d 412 (Fla. 2012), which held that section 893.13 is not facially unconstitutional, and we remand for further proceedings.

Reversed.

DAVIS, VILLANTI, and MORRIS, JJ., Concur.

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