State v. Ammirato

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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. ALEX AMMIRATO, Appellee. ) ) ) ) ) ) ) ) ) ) Case No. 2D11-5344 Opinion filed October 10, 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. The State appeals the dismissal of the charge against Alex Ammirato for one count of possession of a controlled substance in violation of section 893.13(6)(a), Florida Statutes (2011). The circuit court dismissed the charge based on its conclusion that section 893.13 was facially unconstitutional. We reverse based on the supreme court's recent decision in State v. Adkins, 37 Fla. L. Weekly S449 (Fla. July 12, 2012), which held that section 893.13 is not facially unconstitutional, and we remand for further proceedings. Reversed. DAVIS, VILLANTI, and MORRIS, JJ., Concur. -2-

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