State v. James

District Court of Appeal of Florida

State v. James

100 So. 3d 165, 2012 Fla. App. LEXIS 18055, 2012 WL 4900844

District Court of Appeal of Florida·Decided October 17, 2012·No. No. 2D11-5318·Published

Opinion

KHOUZAM, Judge.

The State of Florida appeals the dismissal of its prosecution of Kieron W. James for possession of a controlled substance. The trial court had dismissed the charge upon a finding that the relevant statute, section 893.13, Florida Statutes (2010), was unconstitutional. See Shelton v. Sec’y, Dep’t of Corr., 802 F.Supp.2d 1289 (M.D.Fla.2011), rev’d, 691 F.3d 1348 (11th Cir. 2012). The statute has since been found constitutional in State v. Adkins, 96 So.3d 412 (Fla.2012). We therefore reverse with instructions to vacate the order of dismissal and reinstate the cause.

Reversed and remanded for further proceedings.

ALTENBERND and CASANUEVA, JJ., Concur.

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KHOUZAM, Judge.

The State of Florida appeals the dismissal of its prosecution of Kieron W. James for possession of a controlled substance. The trial court had dismissed the charge upon a finding that the relevant statute, section 893.13, Florida Statutes (2010), was unconstitutional. See Shelton v. Sec’y, Dep’t of Corr., 802 F.Supp.2d 1289 (M.D.Fla.2011), rev’d, 691 F.3d 1348 (11th Cir. 2012). The statute has since been found constitutional in State v. Adkins, 96 So.3d 412 (Fla.2012). We therefore reverse with instructions to vacate the order of dismissal and reinstate the cause.

Reversed and remanded for further proceedings.

ALTENBERND and CASANUEVA, JJ., Concur.

State v. James, 100 So. 3d 165, 2012 Fla. App. LEXIS 18055, 2012 WL 4900844 (Fla. Ct. App. 2012).

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Opinion

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