Opinion
No. 3D12-436 Lower Tribunal No. 01-4334B
03-28-2012
Elier Diaz, Appellant, v. The State of Florida, Appellee.
Elier Diaz, in proper person. Pamela Jo Bondi, Attorney General, for appellee.
Not final until disposition of timely filed motion for rehearing.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Jorge Cueto, Judge.
Elier Diaz, in proper person.
Pamela Jo Bondi, Attorney General, for appellee. Before WELLS, C.J., and RAMIREZ and LAGOA, JJ.
PER CURIAM.
Affirmed. See Little v. State, 77 So. 3d 722 (Fla. 3d DCA 2011); Adams v. State, 76 So. 3d 367 (Fla. 3d DCA 2011) (holding that section 893.13, as amended by section 893.101, Florida Statutes (2002), is constitutional); see also Flagg v. State, 74 So. 3d 138, 141 (Fla. 1st DCA 2011) (citing State v. Adkins, 71 So. 3d 184 (Fla. 2d DCA 2011) [review granted, 71 So. 3d 117 (Fla. 2011)], and acknowledging "uncertainty caused by Shelton [v. Secretary, Department of Corrections, 802 F.Supp.2d 1289 (M.D. Fla. 2011)]" but reaffirming its view that section 893.13 is constitutional).