Lopez v. State

Full title: Melvin LOPEZ, Appellant, v. STATE of Florida, Appellee.

Court: District Court of Appeal of Florida, Fifth District.

Date published: Jul 6, 2012

91 So. 3d 907 (Fla. Dist. Ct. App. 2012)

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.

PER CURIAM.

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 ¹ 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.

1 Shelton v. Sec'y, Dep't of Corr., 802 F.Supp.2d 1289 (M.D.Fla.2011).

AFFIRMED.

SAWAYA, COHEN and JACOBUS, JJ., concur.