FRANK LESTER MCCAIN, v. STATE OF FLORIDA

 Annotate this Case
Download PDF
IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA FRANK LESTER MCCAIN, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D10-5852 STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed April 24, 2012. An appeal from the Circuit Court for Levy County. David A. Glant, Judge. Nancy A. Daniels, Public Defender, and Steven L. Seliger, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Charmaine M. Millsaps, Assistant Public Defender, Tallahassee, for Appellee. PER CURIAM. The appellant in this case challenges his convictions for possession of pseudoephedrine with intent to manufacture a controlled substance and for unlawful manufacturing of methamphetamine. The possession charge is a violation of section 893.149(1)(b), Florida Statutes (2010), and the manufacturing charge is a violation of section 893.13(1)(a)1., Florida Statutes (2010). The appellant asserts that under Shelton v. Secretary, Department of Corrections, 802 F. Supp. 2d 1289 (M.D. Fla. 2011), both statutes are facially unconstitutional because they require felony punishments for strict liability offenses. We have previously rejected the argument that section 893.13 creates a strict liability crime. See, e.g., Flagg v. State, 74 So. 3d 138, 141 (Fla. 1st DCA 2011); Williams v. State, 45 So. 3d 14, 16 (Fla. 1st DCA 2010); Harris v. State, 932 So. 2d 551, 552 (Fla. 1st DCA 2006). Shelton is not binding on this court or any other state court, Flagg at 140, and the appellant does not persuade us to recede from our settled precedent. In addition, under section 893.149(1)(a), it is unlawful to knowingly or intentionally possess a chemical listed in section 893.033 with the intent to unlawfully manufacture a controlled substance. The plain statutory language thus rebuts Appellant s argument for strict liability. For these reasons, we AFFIRM the appellant s convictions. WOLF, PADOVANO, and MARSTILLER, JJ., CONCUR. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.