From Casetext: Smarter Legal Research

Gregg v. State

District Court of Appeal of Florida, Second District.
May 2, 2012
87 So. 3d 812 (Fla. Dist. Ct. App. 2012)

Opinion

No. 2D11–2351.

2012-05-2

Brent Andrew GREGG, Appellant, v. STATE of Florida, Appellee.

James Marion Moorman, Public Defender, and Bruce P. Taylor, Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Sonya Roebuck Horbelt, Assistant Attorney General, Tampa, for Appellee.



James Marion Moorman, Public Defender, and Bruce P. Taylor, Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Sonya Roebuck Horbelt, Assistant Attorney General, Tampa, for Appellee.
ALTENBERND, Judge.

Brent Andrew Gregg appeals the order entered in April 2011 revoking his community control and the resulting prison sentences. We affirm.

In two separate informations, Mr. Gregg was charged with several drug offenses committed in 2009. He pleaded guilty in 2010. The trial court entered judgments at that time and sentenced him to fully suspended, true split sentences that placed him on community control for two years. While on community control, Mr. Gregg violated the conditions of community control. When he admitted the violation, the trial court sentenced him to 74.85 months' incarceration.

On appeal, the only issue Mr. Gregg raises is the constitutionality of the relevant drug statutes. This issue is pending before the Florida Supreme Court in State v. Adkins, 71 So.3d 184 (Fla. 2d DCA), review granted,71 So.3d 117 (Fla.2011). We conclude that Mr. Gregg was required to raise this issue in a direct appeal of his judgment when it was entered in 2010. He is not entitled to raise this issue for the first time in this appeal of the order entered on his violation of community control. In the event that the supreme court holds a relevant statute unconstitutional in Adkins, Mr. Gregg may be entitled to raise this issue in a timely filed motion for postconviction relief.

Affirmed.

KELLY and VILLANTI, JJ., Concur.


Summaries of

Gregg v. State

District Court of Appeal of Florida, Second District.
May 2, 2012
87 So. 3d 812 (Fla. Dist. Ct. App. 2012)
Case details for

Gregg v. State

Case Details

Full title:Brent Andrew GREGG, Appellant, v. STATE of Florida, Appellee.

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

Date published: May 2, 2012

Citations

87 So. 3d 812 (Fla. Dist. Ct. App. 2012)

Citing Cases

Thompson v. State

Affirmed. See Odom v. State, 90 So.3d 847 (Fla. 2d DCA 2012), and Gregg v. State, 87 So.3d 812 (Fla. 2d DCA…

McClain v. State

Affirmed. See Gregg v. State, No. 2D11–2351 (Fla. 2d DCA May 2, 2012). NORTHCUTT, CRENSHAW, and MORRIS, JJ.,…