JOSEPH HOLMES, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Anders V. California Procedure cases and more on FLexlaw
We affirm appellant’s conviction and sentence. We note, however, after all the briefs were filed, appellant moved to file a supplemental brief. Appellant asserted that, at the time the initial brief was filed, appellant’s counsel was unaware of a constitutional challenge to the drug possession statute raised in Shelton v. Secretary, Department of Corrections, 802 F.Supp.2d 1289, 2011 WL 3236040 (M.D.Fla. July 27, 2011). This court previously addressed the very same issue raised in Shelton in Williams v. State, 45 So.3d 14 (Fla. 1st DCA 2010), and upheld the drug possession statute as constitutional. Accordingly, we deny the request to provide supplemental briefing on the matter.*
AFFIRMED.
DAVIS and MARSTILLER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (230 total)
-
Maestas v. State, 76 So. 3d 991 (Fla. 4th DCA 2011)…f the affirmative defense set out in section 893.101 undermines the notion that the legislature has created a strict liability crime. To this point, we agree with the reasoning set forth by the First District in its recent opinion of Flagg v. State, 74 So. 3d 138 (Fla. 1st DCA 2011): [*996] [Shelton] misperceives the operation of the affirmative defense in section 893.101. The statute does not, as Shelton implied, require the defendant to establish his innocence by proving a lack of knowledge, see Wright, 92…
-
Jasper Little v. State, 77 So. 3d 722 (Fla. 3d DCA 2011)
-
NIX v. State, 84 So. 3d 424 (Fla. 1st DCA 2012)…; 2) that the trial court erred in denying his motion for judgment of acquittal; and 3) that the trial court erred in imposing a discretionary fine and surcharge that had not been orally pronounced. We affirm the first issue based on Flagg v. State, 74 So. 3d 138 (Fla. 1st DCA 2011), affirm the second issue without further comment, and reverse the third issue for the reasons that follow. The jury found Appellant guilty of sale of cocaine and resisting an officer without violence. The trial court adjudicated…
Previewing 3 of 230 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Wakefield v. State, 45 So. 3d 14 (Fla. 1st DCA 2010)
- Canom Khadaya Williams v. State, 45 So. 3d 14 (Fla. 1st DCA 2010)