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State v. Mays

District Court of Appeal of Florida, Second District.
Oct 12, 2012
99 So. 3d 569 (Fla. Dist. Ct. App. 2012)

Opinion

No. 2D11–5949.

2012-10-12

STATE of Florida, Appellant, v. Kenneth MAYS, 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 Kenneth Mays for possession of a controlled substance in violation of section 893.13(1)(a)(1), Florida Statutes (2010). The circuit court dismissed the charge based on its conclusion that section 893.13 was facially unconstitutional. We reverse based on the supreme court's recent decision in State v. Adkins, 96 So.3d 412 (Fla.2012), which held that section 893.13 is not facially unconstitutional, and we remand for further proceedings.

Reversed.

KELLY, VILLANTI, and MORRIS, JJ., Concur.


Summaries of

State v. Mays

District Court of Appeal of Florida, Second District.
Oct 12, 2012
99 So. 3d 569 (Fla. Dist. Ct. App. 2012)
Case details for

State v. Mays

Case Details

Full title:STATE of Florida, Appellant, v. Kenneth MAYS, Appellee.

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

Date published: Oct 12, 2012

Citations

99 So. 3d 569 (Fla. Dist. Ct. App. 2012)