Florida District Courts of Appeal, 2012

State v. Mays

State v. Mays
Florida District Courts of Appeal · Decided October 12, 2012 · Kelly, Morris, Villanti
99 So. 3d 569; 2012 WL 4856404; 2012 Fla. App. LEXIS 17652 (Southern Reporter, Third Series)

State v. Mays

Opinion of the Court

PER CURIAM.

The State appeals the dismissal of the charge against Kenneth Mays for possession of a controlled substance in violation of section 893.13(l)(a)(l), Florida Statutes (2010). 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 *570893.13 is not facially unconstitutional, and we remand for further proceedings.

Reversed.

KELLY, VILLANTI, and MORRIS, JJ., Concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.