State v. Jimenez

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT STATE OF FLORIDA, Appellant, v. JESUS JIMENEZ, Appellee. ) ) ) ) ) ) ) ) ) ) Case No. 2D11-5317 Opinion filed October 17, 2012. Appeal from the Circuit Court for Manatee County; Scott M. Brownell, Judge. Pamela Jo Bondi, Attorney General, Tallahassee, and Elba Caridad MartinSchomaker, Assistant Attorney General, Tampa, for Appellant. James Marion Moorman, Public Defender, and Matthew D. Bernstein, Assistant Public Defender, Bartow, for Appellee. PER CURIAM. We reverse the trial court's dismissal of the charges against Jesus Jimenez based on the constitutionality of section 893.13, Florida Statutes (2011). See State v. Adkins, 37 Fla. L. Weekly S449 (Fla. July 12, 2012). We remand for further proceedings. Reversed and remanded. DAVIS, VILLANTI, and MORRIS, JJ., Concur. -2-

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