State v. Astemborski

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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. ) ) DENNIS PATRICK ASTEMBORSKI, ) ) Appellee. ) ___________________________________ ) Case No. 2D11-6297 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. We reverse the trial court's dismissal of the charges against Dennis Patrick Astemborski based on the constitutionality of section 893.13, Florida Statutes (2011). See State v. Adkins, 96 So. 3d 412 (Fla. 2012). Reversed and remanded. ALTENBERND, NORTHCUTT, and KHOUZAM, JJ., Concur.

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