Gonzalez v. State

Full title: Jorge Luis Gonzalez, Appellant, v. The State of Florida, Appellee.

Court: Third District Court of Appeal State of Florida

Date published: Apr 18, 2012

No. 3D12-541 (Fla. Dist. Ct. App. Apr. 18, 2012)

Opinion

No. 3D12-541 Lower Tribunal No. 08-15636B

04-18-2012

Jorge Luis Gonzalez, Appellant, v. The State of Florida, Appellee.

Jorge Luis Gonzalez, in proper person. Pamela Jo Bondi, Attorney General, for appellee.

WELLS

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, Yvonne Colodny, Judge.

Jorge Luis Gonzalez, in proper person.

Pamela Jo Bondi, Attorney General, for appellee. Before WELLS, C.J., and SHEPHERD and ROTHENBERG, JJ.

WELLS, Chief Judge.

Affirmed. See Smith v. State, 79 So. 3d 127 (Fla. 3d DCA 2012); 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 "the 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).