State v. James

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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. ) ) KIERON W. JAMES, ) ) Appellee. ) ___________________________________ ) Case No. 2D11-5318 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 Appellent. 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 Kieron W. James for possession of a controlled substance. The trial court had dismissed the charge upon a finding that the relevant statute, section 893.13, Florida Statutes (2010), was unconstitutional. See Shelton v. Sec'y, Dep't of Corr., 802 F. Supp. 2d 1289 (M.D. Fla. 2011), rev'd, 23 Fla. L. Weekly Fed. C1469 (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 CASANUEVA, JJ., Concur. -2-

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