State v. Mann

District Court of Appeal of Florida

State v. Mann

98 So. 3d 251, 2012 WL 4660850, 2012 Fla. App. LEXIS 16737

CourtDistrict Court of Appeal of Florida

DecidedOctober 3, 2012

DocketNo. 2D11-5345

StatusPublished

This text of 98 So. 3d 251 (State v. Mann) 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. Mann, 98 So. 3d 251, 2012 WL 4660850, 2012 Fla. App. LEXIS 16737 (Fla. Ct. App. 2012).

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Opinion

CASANUEVA, Judge.

The State of Florida appeals the dismissal of its prosecution of Christopher Mann for possession of a controlled substance, possession of drug paraphernalia, and petit theft. The trial court had dismissed the case upon a finding that the relevant statute, section 893.13, Florida Statutes (2010), was unconstitutional. See Shelton v. Secretary, Department of Corrections, 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 KHOUZAM, JJ., Concur.

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CASANUEVA, Judge.

The State of Florida appeals the dismissal of its prosecution of Christopher Mann for possession of a controlled substance, possession of drug paraphernalia, and petit theft. The trial court had dismissed the case upon a finding that the relevant statute, section 893.13, Florida Statutes (2010), was unconstitutional. See Shelton v. Secretary, Department of Corrections, 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 KHOUZAM, JJ., Concur.

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Bluebook (online)

98 So. 3d 251, 2012 WL 4660850, 2012 Fla. App. LEXIS 16737, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mann-fladistctapp-2012.

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