Robert Lamar JOHNSON, Appellant, v. STATE of Florida, Appellee
Florida District Court of Appeal
· July 11, 2012 · Docket No. 2D11-3557
113 So. 3d 31
Syllabus
Robert Lamar JOHNSON, Appellant, v. STATE of Florida, Appellee. No. 2D11-3557. District Court of Appeal of Florida, Second District. July 11, 2012. Rehearing Denied Aug. 22, 2012. James Marion Moorman, Public Defender, and Pamela H. Izakowitz, Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Donna S. Koch, Assistant Attorney General, Tampa, for Appellee.
Full Opinion (758 characters)
PER CURIAM. Robert Lamar Johnson appeals the revocation of his probation and the sentence imposed for his underlying conviction for delivery of cannabis within 1000 feet of a school. We affirm. Because Mr. Johnson raises here a challenge to the constitutionality of the underlying conviction based upon Shelton v. Secretary, Department of Corrections, 802 F.Supp.2d 1289 (M.D.Fla.2011), and as this issue is presently pending before the Florida supreme court in State v. Adkins, 71 So.3d 184 (Fla. 2d DCA), review granted, 71 So.3d 117 (Fla.2011), we recognize that he may be entitled to raise this issue in a timely motion for postconviction relief. See Gregg v. State, 87 So.3d 812 (Fla. 2d DCA 2012). SILBERMAN, C.J., and CASANUEVA and KELLY, JJ., Concur.
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