Opinion
No. 5D11–3230.
2012-07-6
Melvin LOPEZ, Appellant, v. STATE of Florida, Appellee.
Appeal from the Circuit Court for Osceola County, Jon B. Morgan, Judge. James S. Purdy, Public Defender, and Edward J. Weiss, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Megan Saillant, Assistant Attorney General, Daytona Beach, for Appellee.
Appeal from the Circuit Court for Osceola County, Jon B. Morgan, Judge.
James S. Purdy, Public Defender, and Edward J. Weiss, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Megan Saillant, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
We affirm and write to address only one issue. As to the Shelton issue, we affirm based on Flagg v. State, 74 So.3d 138 (Fla. 1st DCA 2011). We certify that the same issue reviewed in this case is currently pending before the Florida Supreme Court. State v. Adkins, 71 So.3d 184 (Fla. 2d DCA 2011), review granted,71 So.3d 117 (Fla.2011). The mandate will be withheld pending final disposition of Adkins.
Shelton v. Sec'y, Dep't of Corr., 802 F.Supp.2d 1289 (M.D.Fla.2011).
AFFIRMED.
SAWAYA, COHEN and JACOBUS, JJ., concur.