Gardner v. State

Full title: Jimmy Willis GARDNER, Appellant, v. The STATE of Florida, Appellee.

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

Date published: Jun 6, 2012

89 So. 3d 1073 (Fla. Dist. Ct. App. 2012)

Opinion

No. 3D11–2883.

2012-06-6

Jimmy Willis GARDNER, Appellant, v. The STATE of Florida, Appellee.

An Appeal from the Circuit Court for Monroe County, Mark H. Jones, Judge. Carlos J. Martinez, Public Defender, and Marti Rothenberg, Assistant Public Defender, for appellant. Pamela Jo Bondi, Attorney General, and Douglas J. Glaid, Senior Assistant Attorney General, for appellee.

PER CURIAM.

An Appeal from the Circuit Court for Monroe County, Mark H. Jones, Judge.
Carlos J. Martinez, Public Defender, and Marti Rothenberg, Assistant Public Defender, for appellant. Pamela Jo Bondi, Attorney General, and Douglas J. Glaid, Senior Assistant Attorney General, for appellee.
Before WELLS, C.J., and SUAREZ and ROTHENBERG, JJ.

PER CURIAM.

Affirmed. See Little v. State, 77 So.3d 722, 722–23 (Fla. 3d DCA 2011) (holding that “section 893.13, as amended by section 893.101, Florida Statutes (2002), is constitutional”; rejecting Shelton v. Secretary, Department of Corrections, 802 F.Supp.2d 1289, 1308 (M.D.Fla.2011), in which federal court held that 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).