Summary
holding that section 893.13, as amended by 893.101, Florida Statutes, is constitutional; rejecting Shelton v. Secretary, Department of Corrections, 802 F.Supp.2d 1289, 1308 (M.D.Fla.2011), in which the federal court held that section 893.101 violates due process and is unconstitutional on its face
Summary of this case from Williams v. StateOpinion
No. 3D11–2946.
2011-12-21
Keith D. ADAMS, Appellant, v. The STATE of Florida, Appellee.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami–Dade County, Marisa Tinkler–Mendez, Judge.Keith D. Adams, in proper person. Pamela Jo Bondi, Attorney General, for appellee.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami–Dade County, Marisa Tinkler–Mendez, Judge.Keith D. Adams, in proper person. Pamela Jo Bondi, Attorney General, for appellee.
Before EMAS and FERNANDEZ, JJ., and SCHWARTZ, Senior Judge.
SCHWARTZ, Senior Judge.
As held by four unanimous district courts of appeal, including this one, we again reject Shelton v. Secretary, Department of Corrections, 802 F.Supp.2d 1289 (M.D.Fla.2011) and hold that section 893.13, as amended by section 893.101, Florida Statutes (2002), is constitutional. Accord Maestas v. State, 76 So.3d 991, 2011 WL 5964337 (Fla. 4th DCA 2011); Little v. State, 77 So.3d 722, 2011 WL 5554812 (Fla. 3d DCA 2011); Holcy v. State, ––– So.3d ––––, 2011 WL 5299328 (Fla. 5th DCA 2011); Flagg v. State, 74 So.3d 138 (Fla. 1st DCA 2011). Accordingly, the order below denying postconviction relief is
The only district court of appeal which has not considered the merits of Shelton has “passed through” the issue to the Florida Supreme Court. State v. Adkins, 71 So.3d 184 (Fla. 2d DCA 2011).
Affirmed.