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. ) ) DONALD EARL JAMES, ) ) Appellee. ) ___________________________________ ) Opinion filed October 12, 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. Case No. 2D11-5338 We reverse the trial court's dismissal of the charges against Donald Earl James based on the constitutionality of section 893.13, Florida Statutes (2011). See State v. Adkins, 37 Fla. L. Weekly S449 (Fla. July 12, 2012). Reversed and remanded. SILBERMAN, C.J., and KELLY and LaROSE, JJ., Concur. -2-

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