ROCHE, JR. V. STATE

State: Florida

Court: Florida Third District Court

Docket No: 11-2354

Case Date: 06/20/2012

Preview:Third District Court of Appeal
State of Florida, January Term, A.D. 2012
Opinion filed June 20, 2012. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D11-2354 Lower Tribunal No. 10-765 ________________

William Gilbert Roche, Jr.,
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 Brian L. Ellison, 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 EMAS and FERNANDEZ, 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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