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State v. James

District Court of Appeal of Florida, Second District.
Oct 17, 2012
100 So. 3d 165 (Fla. Dist. Ct. App. 2012)

Opinion

No. 2D11–5318.

2012-10-17

STATE of Florida, Appellant, v. Kieron W. JAMES, Appellee.

Appeal from the Circuit Court for Manatee County; Scott M. Brownell, Judge. Pamela Jo Bondi, Attorney General, Tallahassee, and Elba Caridad Martin–Schomaker, Assistant Attorney General, Tampa, for Appellant. James Marion Moorman, Public Defender, and Matthew D. Bernstein, Assistant Public Defender, Bartow, for Appellee.


Appeal from the Circuit Court for Manatee County; Scott M. Brownell, Judge.
Pamela Jo Bondi, Attorney General, Tallahassee, and Elba Caridad Martin–Schomaker, Assistant Attorney General, Tampa, for Appellant. James Marion Moorman, Public Defender, and Matthew D. Bernstein, Assistant Public Defender, Bartow, for Appellee.
KHOUZAM, Judge.

The State of Florida appeals the dismissal of its prosecution of Kieron W. James for possession of a controlled substance. The trial court had dismissed the charge upon a finding that the relevant statute, section 893.13, Florida Statutes (2010), was unconstitutional. See Shelton v. Sec'y, Dep't of Corr., 802 F.Supp.2d 1289 (M.D.Fla.2011), rev'd, 691 F.3d 1348 (11th Cir. 2012). The statute has since been found constitutional in State v. Adkins, 96 So.3d 412 (Fla.2012). We therefore reverse with instructions to vacate the order of dismissal and reinstate the cause.

Reversed and remanded for further proceedings.

ALTENBERND and CASANUEVA, JJ., Concur.


Summaries of

State v. James

District Court of Appeal of Florida, Second District.
Oct 17, 2012
100 So. 3d 165 (Fla. Dist. Ct. App. 2012)
Case details for

State v. James

Case Details

Full title:STATE of Florida, Appellant, v. Kieron W. JAMES, Appellee.

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

Date published: Oct 17, 2012

Citations

100 So. 3d 165 (Fla. Dist. Ct. App. 2012)