State v. Katsaitis

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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. ) ) JESSICA L. KATSAITIS, ) ) Appellee. ) ________________________________ ) Case No. 2D11-5596 Opinion filed October 24, 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 from an order granting Jessica L. Katsaitis's motion to dismiss the narcotics charges against her 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. KELLY, VILLANTI, and MORRIS, JJ., Concur. -2-

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