State v. Kelly

Annotate this Case

Download PDF

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. KIPP KARSON KELLY, Appellee. ) ) ) ) ) ) ) ) ) ) Case No. 2D12-71 Opinion filed September 21, 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. CASANUEVA, Judge. The State appeals the dismissal of an information filed against Kipp Karson Kelly charging him with possession of a controlled substance. The trial court dismissed the information based on its finding that section 893.13, Florida Statutes (2011), was unconstitutional pursuant to 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). Because the Florida Supreme Court upheld the constitutionality of section 893.13 in State v. Adkins, 37 Fla. L. Weekly S449 (Fla. July 12, 2012), we reverse the order of dismissal and remand with instructions that the trial court reinstate the charges against Mr. Kelly. WHATLEY and CRENSHAW, JJ., Concur. -2-

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.