Alvarez v. State

Full title: Nelson ALVAREZ, Appellant, v. The STATE of Florida, Appellee.

Court: District Court of Appeal of Florida, Third District.

Date published: May 16, 2012

88 So. 3d 430 (Fla. Dist. Ct. App. 2012)

Opinion

No. 3D12–510.

2012-05-16

Nelson ALVAREZ, Appellant, v. The STATE of Florida, Appellee.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami–Dade County, Jorge E. Cueto, Judge. Nelson Alvarez, in proper person. Pamela Jo Bondi, Attorney General, for appellee.

PER CURIAM.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami–Dade County, Jorge E. Cueto, Judge.
Nelson Alvarez, in proper person. Pamela Jo Bondi, Attorney General, for appellee.
Before SHEPHERD and CORTIÑAS, JJ., and SCHWARTZ, Senior Judge.

PER CURIAM.

Affirmed. See Little v. State, 77 So.3d 722, 722–23 (Fla. 3d DCA 2011) (holding “section 89.13, as amended by section 893.101, Florida Statutes (2002), is constitutional,” and rejecting Shelton v. Secretary, Department of Corrections, 802 F.Supp.2d 1289, 1308 (M.D.Fla.2011), in which federal court held section 893.13, Florida Statutes (2004), “violates the due process clause and that the statute is unconstitutional on its face”); Ortega v. State, 76 So.3d 346 (Fla. 3d DCA 2011); see also State v. Adkins, 71 So.3d 184 (Fla. 2d DCA 2011), review granted,71 So.3d 117 (Fla.2011).