State v. Lindberg

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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. ) ) JUSTIN JASON LINDBERG, ) ) Appellee. ) ___________________________________ ) Case No. 2D11-5950 Opinion filed November 2, 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. The State appeals the dismissal of the charge against Justin Jason Lindberg for possession of a controlled substance in violation of section 893.13(6)(a), Florida Statutes (2011). The charge was dismissed based upon the circuit court's conclusion that section 893.13 is unconstitutional. We reverse and remand based on the recent Florida Supreme Court decision upholding the statute as constitutional. See State v. Adkins, 37 Fla. L. Weekly S449 (Fla. July 12, 2012). Reversed and remanded. NORTHCUTT, LaROSE, and CRENSHAW, JJ., Concur. -2-

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