Opinion
No. 2D11–5950.
2012-11-2
STATE of Florida, Appellant, v. Justin Jason LINDBERG, 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.
PER CURIAM.
The State appeals the dismissal of the charge against Justin Jason Lindberg for possession of a controlled substance in violation of section 893.13(6)(a), Florida Statutes (2011). The charge was dismissed based upon the circuit court's conclusion that section 893.13 is unconstitutional. We reverse and remand based on the recent Florida Supreme Court decision upholding the statute as constitutional. See State v. Adkins, 96 So.3d 412 (Fla.2012).
Reversed and remanded.