State v. Kelly

District Court of Appeal of Florida

State v. Kelly

98 So. 3d 198, 2012 WL 4221169, 2012 Fla. App. LEXIS 15866

CourtDistrict Court of Appeal of Florida

DecidedSeptember 21, 2012

DocketNo. 2D12-71

StatusPublished

This text of 98 So. 3d 198 (State v. Kelly) 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

State v. Kelly, 98 So. 3d 198, 2012 WL 4221169, 2012 Fla. App. LEXIS 15866 (Fla. Ct. App. 2012).

Pincite

Opinion

CASANUEVA, Judge.

The State appeals the dismissal of an information filed against Kipp Karson Kelly charging him with possession of a controlled substance. The trial court dismissed the information based on its finding that section . 893.13, Florida Statutes (2011), was unconstitutional pursuant to Shelton v. Secretary, Department of Corrections, 802 F.Supp.2d 1289 (M.D.Fla.2011), rev’d, 691 F.3d 1348 (11th Cir.2012). Because the Florida Supreme Court upheld the constitutionality of section 893.13 in State v. Adkins, 96 So.3d 412 (Fla.2012), we reverse the order of dismissal and remand with instructions that the trial court reinstate the charges against Mr. Kelly.

WHATLEY and CRENSHAW, JJ., Concur.

Free access — add to your briefcase to read the full text and ask questions with AI

CASANUEVA, Judge.

The State appeals the dismissal of an information filed against Kipp Karson Kelly charging him with possession of a controlled substance. The trial court dismissed the information based on its finding that section . 893.13, Florida Statutes (2011), was unconstitutional pursuant to Shelton v. Secretary, Department of Corrections, 802 F.Supp.2d 1289 (M.D.Fla.2011), rev’d, 691 F.3d 1348 (11th Cir.2012). Because the Florida Supreme Court upheld the constitutionality of section 893.13 in State v. Adkins, 96 So.3d 412 (Fla.2012), we reverse the order of dismissal and remand with instructions that the trial court reinstate the charges against Mr. Kelly.

WHATLEY and CRENSHAW, JJ., Concur.

Cite This Page — Counsel Stack

Bluebook (online)

98 So. 3d 198, 2012 WL 4221169, 2012 Fla. App. LEXIS 15866, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-kelly-fladistctapp-2012.

Opinion

Related

Cite This Page — Counsel Stack