District Court of Appeal of Florida Cases

Adams v. State

Keith D. ADAMS, Appellant, v. the STATE of Florida, Appellee

76 So. 3d 367, 2011 Fla. App. LEXIS 20461, 2011 WL 6372968 • 2011-12-21

Citation76 So. 3d 367, 2011 Fla. App. LEXIS 20461, 2011 WL 6372968

Date Filed2011-12-21

Docket3D11-2946

JudgeEmas, Fernandez, Schwartz

Cited4 times

StatusPublished

Attorneys

Keith D. Adams, in proper person., Pamela Jo Bondi, Attorney General, for appellee.

Full Opinion (html_with_citations)

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, *368 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). 1 Accordingly, the order below denying postconviction relief is

Affirmed.

. 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).