WRIGHT

v.

STATE

Citator

Cited By

• Flagg v. State, 74 So. 3d 138 (Fla. 1st DCA 2011)
  …45 So. 3d 14, 16 (Fla. 1st DCA 2010) (citing cases), rev. denied, 53 So. 3d 1022 (Fla.2011); Johnson v. State, 37 So. 3d 975 (Fla. 1st DCA 2010), rev. denied, 51 So. 3d 465 (Fla.2010); Wright v. State, 920 So. 2d 21 (Fla. 4th DCA 2005), rev. denied, 915 So. 2d 1198 (Fla.2005). Flagg acknowledges this contrary authority, but contends that we should recede from our prior decisions and adopt the reasoning of Shelton v. Secretary, Department of Corrections, 802 F. Supp. 2d 1289, 2011 WL 3236040 (M.D.Fla. 2011), wh…
• Jasper Little v. State, 77 So. 3d 722 (Fla. 3d DCA 2011)
  …he unlawful nature of the offending substance as an element of the crime, is unconstitutional. As was correctly held in Tolbert v. State, 925 So. 2d 1148 (Fla. 4th DCA, 2006), Wright v. State, 920 So. 2d 21 (Fla. 4th DCA 2005), [*723] review denied, 915 So. 2d 1198 (Fla.2005), Smith v. State, 901 So. 2d 1000 (Fla. 4th DCA 2005), review denied, 928 So. 2d 336 (Fla.2006), and Burnette v. State, 901 So. 2d 925 (Fla. 2d DCA 2005), however, it is not. 929 So. 2d at 665.…
• Mose Harris v. State, 932 So. 2d 551 (Fla. 1st DCA 2006)
  …onvictions violate the due process clauses of the federal and Florida constitutions. We cannot agree. Section 893.101 has been upheld against challenges based on the due process clause. See Wright v. State, 920 So. 2d 21 (Fla. 4th DCA), rev. denied, 915 So. 2d 1198 (Fla.2005); Burnette v. State, 901 So. 2d 925 (Fla. 2d DCA 2005); see also Reynolds v. State, 842 So. 2d 46, 47-8 (Fla.2002)(quoting State v. Gray, 435 So. 2d 816, 819-20 (Fla.1983)(“It is within the power of the legislature to declare conduct crimi…