Johnson v. State

Full title: ROBERT LAMAR JOHNSON, Appellant, v. STATE OF FLORIDA, Appellee.

Court: DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT

Date published: Jul 11, 2012

Case No. 2D11-3557 (Fla. Dist. Ct. App. Jul. 11, 2012)

Opinion

Case No. 2D11-3557

07-11-2012

ROBERT LAMAR JOHNSON, Appellant, v. STATE OF FLORIDA, Appellee.

James Marion Moorman, Public Defender, and Pamela H. Izakowitz, Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Donna S. Koch, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING

MOTION AND, IF FILED, DETERMINED

Appeal from the Circuit Court for
Hillsborough County; Daniel L. Perry,
Judge.
James Marion Moorman, Public Defender,
and Pamela H. Izakowitz, Assistant Public
Defender, Bartow, for Appellant.
Pamela Jo Bondi, Attorney General,
Tallahassee, and Donna S. Koch, Assistant
Attorney General, Tampa, for Appellee.
PER CURIAM.

Robert Lamar Johnson appeals the revocation of his probation and the sentence imposed for his underlying conviction for delivery of cannabis within 1000 feet of a school. We affirm.

Because Mr. Johnson raises here a challenge to the constitutionality of the underlying conviction based upon Shelton v. Secretary, Department of Corrections, 802 F. Supp. 2d 1289 (M.D. Fla. 2011), and as this issue is presently pending before the Florida supreme court in State v. Adkins, 71 So. 3d 184 (Fla. 2d DCA), review granted, 71 So. 3d 117 (Fla. 2011), we recognize that he may be entitled to raise this issue in a timely motion for postconviction relief. See Gregg v. State, 37 Fla. L. Weekly D1069 (Fla. 2d DCA May 2, 2012). SILBERMAN, C.J., and CASANUEVA and KELLY, JJ., Concur.