Black v. State

77 So. 3d 913, 2012 Fla. App. LEXIS 967, 2012 WL 193957
District Court of Appeal of Florida·Decided January 24, 2012·No. 1D11-1262·Published

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

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Related

Flagg v. State
74 So. 3d 138 (District Court of Appeal of Florida, 2011)
Shelton v. Secretary, Department of Corrections
802 F. Supp. 2d 1289 (M.D. Florida, 2011)