11-2365 JOHN EUGENE BARTA, v. STATE OF FLORIDA

State: Florida

Court: Florida First District Court

Docket No: 11-2365

Case Date: 06/13/2012

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA JOHN EUGENE BARTA, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed June 13, 2012. An appeal from the Circuit Court for Bay County. Michael C. Overstreet, Judge. Nancy Daniels, Public Defender, and Glenna Joyce Reeves, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Anne C. Conley, Assistant Attorney General, Tallahassee, for Appellee. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D11-2365

PER CURIAM. We affirm the denial of the motion to suppress without further discussion. We decline Appellant's invitation to find section 893.13, Florida Statutes

unconstitutional for the reasons expressed in Flagg v. State, 74 So. 3d 138 (Fla. 1st DCA 2011). AFFIRMED. WOLF, RAY, and MAKAR, JJ., CONCUR.

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