Diaz v. State

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

Court: Third District Court of Appeal State of Florida

Date published: Mar 28, 2012

No. 3D12-436 (Fla. Dist. Ct. App. Mar. 28, 2012)

Opinion

No. 3D12-436 Lower Tribunal No. 01-4334B

03-28-2012

Elier Diaz, Appellant, v. The State of Florida, Appellee.

Elier 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, Jorge Cueto, Judge.

Elier Diaz, in proper person.

Pamela Jo Bondi, Attorney General, for appellee. Before WELLS, C.J., and RAMIREZ and LAGOA, 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).