State v. James
101 So. 3d 867, 2012 WL 4800194, 2012 Fla. App. LEXIS 17380
Opinion
The State appeals the dismissal of the charge against Donald E. James for possession of a controlled substance in violation of section 893.13(6)(a), Florida Statutes (2011). The circuit court dismissed the charge based on its conclusion that section 893.13 was facially unconstitutional. We reverse based on the supreme court’s recent decision in State v. Adkins, 96 So.3d 412 (Fla.2012), which held that section 893.13 is not facially unconstitutional, and we remand for further proceedings.
Reversed.
Free access — add to your briefcase to read the full text and ask questions with AI
State v. James, 101 So. 3d 867, 2012 WL 4800194, 2012 Fla. App. LEXIS 17380 (Fla. Ct. App. 2012).
101 So. 3d 867 (State v. James) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
State v. Adkins
96 So. 3d 412 (Supreme Court of Florida, 2012)