Benbow v. State

District Court of Appeal of Florida

Benbow v. State

98 So. 3d 261, 2012 WL 4840704, 2012 Fla. App. LEXIS 17766

CourtDistrict Court of Appeal of Florida

DecidedOctober 12, 2012

DocketNo. 1D11-6318

StatusPublished

This text of 98 So. 3d 261 (Benbow v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Benbow v. State, 98 So. 3d 261, 2012 WL 4840704, 2012 Fla. App. LEXIS 17766 (Fla. Ct. App. 2012).

Pincite

Opinion

PER CURIAM.

Appellant pled no contest to several felony drug offenses and was sentenced to 18 months in prison. On appeal, she challenges the constitutionality of section 893.101, Florida Statutes (2009), based on the reasoning in Shelton v. Secretary, Department of Corrections, 802 F.Supp.2d 1289 (M.D.Fla.2011). That decision was recently reversed on appeal, see Shelton v. Secretary, Department of Corrections, 691 F.3d 1348 (11th Cir.2012), and the Florida Supreme Court expressly upheld the constitutionality of section 893.101 in State v. Adkins, 96 So.3d 412 (Fla.2012). Accordingly, we reject Appellant’s constitutional challenge and affirm her convictions and sentences.

AFFIRMED.

LEWIS, WETHERELL, and MAKAR, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Appellant pled no contest to several felony drug offenses and was sentenced to 18 months in prison. On appeal, she challenges the constitutionality of section 893.101, Florida Statutes (2009), based on the reasoning in Shelton v. Secretary, Department of Corrections, 802 F.Supp.2d 1289 (M.D.Fla.2011). That decision was recently reversed on appeal, see Shelton v. Secretary, Department of Corrections, 691 F.3d 1348 (11th Cir.2012), and the Florida Supreme Court expressly upheld the constitutionality of section 893.101 in State v. Adkins, 96 So.3d 412 (Fla.2012). Accordingly, we reject Appellant’s constitutional challenge and affirm her convictions and sentences.

AFFIRMED.

LEWIS, WETHERELL, and MAKAR, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

98 So. 3d 261, 2012 WL 4840704, 2012 Fla. App. LEXIS 17766, Counsel Stack Legal Research, https://law.counselstack.com/opinion/benbow-v-state-fladistctapp-2012.

Opinion

Related

Cite This Page — Counsel Stack