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Giraldo v. State

82 So. 3d 1228, 2012 WL 1019998, 2012 Fla. App. LEXIS 4782
CourtDistrict Court of Appeal of Florida
DecidedMarch 28, 2012
Docket3D11-652
StatusPublished

This text of 82 So. 3d 1228 (Giraldo 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
Giraldo v. State, 82 So. 3d 1228, 2012 WL 1019998, 2012 Fla. App. LEXIS 4782 (Fla. Ct. App. 2012).

Opinion

ON MOTION FOR CLARIFICATION

WELLS, Chief Judge.

On consideration of the motion for clarification filed by the Miguel Giraldo, the Court withdraws its previous opinion and substitutes the following opinion.

Affirmed. See Smith v. State, 79 So.3d 127 (Fla. 3d DCA 2012); Little v. State, 77 So.3d 722 (Fla. 3d DCA 2011); Adams v. State, 76 So.3d 367 (Fla. 3d DCA 2011) (holding that section 893.13, as amended by section 893.101, Florida Statutes (2002), is constitutional); see also Flagg v. State, 74 So.3d 138, 141 (Fla. 1st DCA 2011) (citing State v. Adkins, 71 So.3d 184 (Fla. 2d DCA 2011) [review granted, 71 So.3d 117 (Fla.2011) ], and acknowledging “uncertainty caused by [Shelton v. Secretary, Department of Corrections, 802 F.Supp.2d 1289 (M.D.Fla.2011) ]” but reaffirming its view that section 893.13 is constitutional).

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Related

Flagg v. State
74 So. 3d 138 (District Court of Appeal of Florida, 2011)
Little v. State
77 So. 3d 722 (District Court of Appeal of Florida, 2011)
Smith v. State
79 So. 3d 127 (District Court of Appeal of Florida, 2012)
Adams v. State
76 So. 3d 367 (District Court of Appeal of Florida, 2011)
State v. Adkins
71 So. 3d 184 (District Court of Appeal of Florida, 2011)
Shelton v. Secretary, Department of Corrections
802 F. Supp. 2d 1289 (M.D. Florida, 2011)

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Bluebook (online)
82 So. 3d 1228, 2012 WL 1019998, 2012 Fla. App. LEXIS 4782, Counsel Stack Legal Research, https://law.counselstack.com/opinion/giraldo-v-state-fladistctapp-2012.