ANTONIO GRIFFIN, v. STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA ANTONIO GRIFFIN, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D12-2696 STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed August 14, 2012. An appeal from the Circuit Court for Duval County. J. Bradford Stetson, Judge. Antonio Griffin, pro se, Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee. PER CURIAM. The appellant filed a rule 3.850 motion raising what appears to be three claims. We affirm the trial court s denial of relief on all of the claims, but note with particularity that the appellant has raised a claim that section 893.13, Florida Statutes, is unconstitutional due to Shelton v. Secretary, Florida Department of Corrections, 802 F. Supp. 2d 1289 (M.D. Fla. July 27, 2011). We deny this claim as well for the reasons set forth in Flagg v. State, 74 So. 3d 138 (Fla. 1st DCA 2011). See State v. Adkins, -- So. 3d ---, 2012 WL 2849485 (Fla. July 12, 2012) (affirming the constitutionality of section 893.13). AFFIRMED. WOLF, DAVIS, and ROBERTS, JJ., CONCUR. 2

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