Diaz v. State

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

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

Date published: Apr 18, 2012

85 So. 3d 1184 (Fla. Dist. Ct. App. 2012)

Opinion

No. 3D12–517.

04-18-2012

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

Nelson Diaz, in proper person. Pamela Jo Bondi, Attorney General, for appellee.

PER CURIAM.

Nelson Diaz, in proper person.

Pamela Jo Bondi, Attorney General, for appellee.

Before CORTIÑAS, LAGOA, and SALTER, JJ.

PER CURIAM.

Affirmed. See Little v. State, 77 So.3d 722 (Fla. 3d DCA 2011) ; Adams v. State, 76 So.3d 367 (Fla. 3d DCA 2011) (holding that section 893.13, as amended by section 893.101, Florida Statutes (2002), is constitutional); see also Flagg v. State, 74 So.3d 138, 141 (Fla. 1st DCA 2011) (citing State v. Adkins, 71 So.3d 184 (Fla. 2d DCA 2011) [review granted, 71 So.3d 117 (Fla.2011) ], and acknowledging "uncertainty caused by Shelton [v. Secretary, Department of Corrections, 802 F.Supp.2d 1289 (M.D.Fla.2011) ]" but reaffirming its view that section 893.13 is constitutional).