GARDNER V. STATE

State: Florida

Court: Florida Third District Court

Docket No: 11-2883

Case Date: 06/06/2012

Preview:Third District Court of Appeal
State of Florida, January Term, A.D. 2012
Opinion filed June 06, 2012. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D11-2883 Lower Tribunal Nos. 09-780-A, 10-431-A, 10-650-A, 10-676-A, 10-677-A ________________

Jimmy Willis Gardner,
Appellant, vs.

The State of Florida,
Appellee. An Appeal from the Circuit Court for Monroe County, Mark H. Jones, Judge. Carlos J. Martinez, Public Defender, and Marti Rothenberg, Assistant Public Defender, for appellant. Pamela Jo Bondi, Attorney General, and Douglas J. Glaid, Senior Assistant Attorney General, for appellee.

Before WELLS, C.J., and SUAREZ and ROTHENBERG, JJ. PER CURIAM. Affirmed. See Little v. State, 77 So. 3d 722, 722-23 (Fla. 3d DCA 2011) (holding that "section 893.13, as amended by section 893.101, Florida Statutes

(2002), is constitutional"; rejecting Shelton v. Secretary, Department of Corrections, 802 F. Supp. 2d 1289, 1308 (M.D. Fla. 2011), in which federal court held that section 893.13, Florida Statutes (2004), "violates the due process clause and that the statute is unconstitutional on its face"); Ortega v. State, 76 So. 3d 346 (Fla. 3d DCA 2011); see also State v. Adkins, 71 So. 3d 184 (Fla. 2d DCA 2011), review granted, 71 So. 3d 117 (Fla. 2011).

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