Roche v. State

Full title: William Gilbert ROCHE, Jr., Appellant, v. The STATE of Florida, Appellee.

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

Date published: Jun 20, 2012

89 So. 3d 1142 (Fla. Dist. Ct. App. 2012)

Opinion

No. 3D11–2354.

2012-06-20

William Gilbert ROCHE, Jr., 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 Brian L. Ellison, Assistant Public Defender, for appellant. Pamela Jo Bondi, Attorney General, and Douglas J. Glaid, Senior Assistant Attorney General, for appellee.

WELLS

An Appeal from the Circuit Court for Monroe County, Mark H. Jones, Judge.
Carlos J. Martinez, Public Defender, and Brian L. Ellison, 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 EMAS and FERNANDEZ, 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).