State v. Klimas

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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. ) ) ROBERT KLIMAS, ) ) Appellee. ) ___________________________________ ) Case No. 2D11-6296 Opinion filed November 7, 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. KHOUZAM, Judge. The State of Florida appeals the dismissal of its prosecution of Robert Klimas for two counts of possession of a controlled substance. The trial court had dismissed the charges upon a finding that the relevant statute, section 893.13, Florida Statutes (2010), was unconstitutional. See Shelton v. Secretary, Department of Corrections, 802 F. Supp. 2d 1289 (M.D. Fla. 2011), rev'd, 2012 WL 3641008 (11th Cir. Aug. 24, 2012). The statute has since been found constitutional in State v. Adkins, 37 Fla. L. Weekly S449 (Fla. July 12, 2012). We therefore reverse with instructions to vacate the order of dismissal and reinstate the cause. Reversed and remanded for further proceedings. ALTENBERND and NORTHCUTT, JJ., Concur. -2-

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