JAIME TAYLOR, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
SCHWARTZ, Senior Judge.
The defendant was convicted of possession of cocaine. We reject his primary contention for reversal that section 893.101, Florida Statutes (2003), which overruled Chicone v. State, 684 So. 2d 736 (Fla.1996), and eliminated knowledge of the 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), review denied, 915 So. 2d 1198 (Fla.2005), Smith v. State, 901 So. 2d 1000 (Fla. 4th DCA 2005), review denied, No. SC05-1120, 928 So. 2d 336 (April 4, 2006), and Burnette v. State, 901 So. 2d 925 (Fla. 2d DCA 2005), however, it is not. The other point presents no error. Affirmed.
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State v. Adkins, 96 So. 3d 412 (Fla. 2012)…3.101, each of the district courts of appeal has ruled that the statute does not violate the requirements of due process. See Harris v. State, 932 So. 2d 551 (Fla. 1st DCA 2006); Burnette v. State, 901 So. 2d 925 (Fla. 2d DCA 2005); Taylor v. State, 929 So. 2d 665 (Fla. 3d DCA 2006); Wright v. State, 920 So. 2d 21 (Fla. 4th DCA 2005); Lanier v. State, 74 So. 3d 1130 (Fla. 5th DCA 2011). The United States District Court for the Middle District of Florida recently concluded, however, that section 893.13 is unc…
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Jasper Little v. State, 77 So. 3d 722 (Fla. 3d DCA 2011)
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State v. Washington, 114 So. 3d 182 (Fla. 3d DCA 2012)…ROTHENBERG, J. On May 17, 2006, this Court issued its opinion in Taylor v. State, 929 So. 2d 665 (Fla. 3d DCA 2006), review denied, 952 So. 2d 1191 (Fla.2007), rejecting Taylor’s facial constitutional challenge to section 893.13, Florida Statutes (2003), as amended by section 893.101, Florida Statutes (2003). Nearly five years later, the trial…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Chicone v. State, 684 So. 2d 736 (Fla. 1996)
- Burnette v. State, 901 So. 2d 925 (Fla. 2d DCA 2005)
- State v. Schuyler, 920 So. 2d 21 (Fla. 4th DCA 2005)
- Wright v. State, 920 So. 2d 21 (Fla. 4th DCA 2005)
- Wright v. State, 915 So. 2d 1198 (Fla. 2005)
- State v. Belvin, 928 So. 2d 336 (Fla. 2006)
- Smith v. State, 901 So. 2d 1000 (Fla. 4th DCA 2005)
- Tolbert v. State, 925 So. 2d 1148 (Fla. 4th DCA 2006)