Black v. State

District Court of Appeal of Florida

Black v. State

77 So. 3d 913, 2012 Fla. App. LEXIS 967, 2012 WL 193957

CourtDistrict Court of Appeal of Florida

DecidedJanuary 24, 2012

Docket1D11-1262

StatusPublished

This text of 77 So. 3d 913 (Black 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.

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Black v. State, 77 So. 3d 913, 2012 Fla. App. LEXIS 967, 2012 WL 193957 (Fla. Ct. App. 2012).

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Opinion

ON MOTION FOR REHEARING

PER CURIAM.

We grant Appellant’s motion for rehearing, withdraw our previous per curiam af-firmance, and substitute this opinion in its place.

Appellant contends in part that his convictions for drug offenses under chapter 893, Florida Statutes, should be set aside based upon Shelton v. Secretary, Department of Corrections, 23 Fla. L. Weekly Fed. D11, 802 F.Supp.2d 1289 (M.D.Fla. 2011). We recently rejected this argument in Flagg v. State, 74 So.3d 138 (Fla. 1st DCA 2011). Accordingly, we AFFIRM.

BENTON, C.J., DAVIS and MARSTILLER, JJ., concur.

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