JORGE LUIS GONZALEZ v. STATE

State: Florida

Court: Florida Third District Court

Docket No: 12-0541

Case Date: 04/18/2012

Preview:Third District Court of Appeal
State of Florida, January Term, A.D. 2012
Opinion filed April 18, 2012. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D12-541 Lower Tribunal No. 08-15636B ________________

Jorge Luis Gonzalez,
Appellant, vs.

The State of Florida,
Appellee.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Yvonne Colodny, Judge. Jorge Luis Gonzalez, in proper person. Pamela Jo Bondi, Attorney General, for appellee.

Before WELLS, C.J., and SHEPHERD and ROTHENBERG, JJ. WELLS, Chief Judge. Affirmed. See Smith v. State, 79 So. 3d 127 (Fla. 3d DCA 2012); Little v. State, 77 So. 3d 722 (Fla. 3d DCA 2011); Adams v. State, 76 So. 3d 367 (Fla. 3d

DCA 2011) (holding that section 893.13, as amended by section 893.101, Florida Statutes (2002), is constitutional); see also Flagg v. State, 74 So. 3d 138, 141 (Fla. 1st DCA 2011) (citing State v. Adkins, 71 So. 3d 184 (Fla. 2d DCA 2011) [review granted, 71 So. 3d 117 (Fla. 2011)], and acknowledging "the uncertainty caused by Shelton [v. Secretary, Department of Corrections, 802 F. Supp. 2d 1289 (M.D. Fla. 2011)]" but reaffirming its view that section 893.13 is constitutional).

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