State v. Hagedorn

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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. ) ) RICKY ALLEN HAGEDORN, ) ) Appellee. ) ________________________________ ) Case No. 2D11-5359 Opinion filed October 5, 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 Maureen E. Surber, Assistant Public Defender, Bartow, for Appellee. PER CURIAM. The State appeals from an order granting Ricky Allen Hagedorn's motion to dismiss the narcotics charges against him on the ground that section 893.13, Florida Statutes (2011), is unconstitutional. We reverse based on the recent decision of the Florida Supreme Court upholding the statute as constitutional. See State v. Adkins, 37 Fla. L. Weekly S449 (Fla. July 12, 2012). Reversed and remanded. SILBERMAN, KELLY, and LaROSE, JJ., Concur. -2-

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