STATE of Florida, Appellant, v. Kieron W. JAMES, Appellee
Florida District Court of Appeal
· October 17, 2012 · Docket No. 2D11-5318
100 So. 3d 165
Syllabus
STATE of Florida, Appellant, v. Kieron W. JAMES, Appellee. No. 2D11-5318. District Court of Appeal of Florida, Second District. Oct. 17, 2012. Pamela Jo Bondi, Attorney General, Tallahassee, and Elba Caridad Martin-Scho-maker, Assistant Attorney General, Tampa, for Appellant. James Marion Moorman, Public Defender, and Matthew D. Bernstein, Assistant Public Defender, Bartow, for Appellee.
Full Opinion (672 characters)
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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