Diaz v. State

Full title: Nelson Diaz, Appellant, v. The State of Florida, Appellee.

Court: Third District Court of Appeal State of Florida

Date published: Apr 18, 2012

No. 3D12-517 (Fla. Dist. Ct. App. Apr. 18, 2012)

Opinion

No. 3D12-517 Lower Tribunal No. 06-31679

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.

Not final until disposition of timely filed motion for rehearing.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Migna Sanchez-Llorens, Judge.

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).