JASPER LITTLE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2011-11-16
No. 3D11-2463
Before SALTER and FERNANDEZ, JJ., and SCHWARTZ, Senior Judge.
77 So. 3d 722 Florida District Court of Appeal, Third District (2011) Positive Treatment
Cited by 107 cases

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Holding

Section 893.13, as amended by section 893.101, Florida Statutes (2002), which eliminates knowledge of the unlawful nature of the offending substance as an element of drug possession, is constitutional.


Headnotes

[1] A statute eliminating knowledge of the unlawful nature of a controlled substance as an element of drug possession does not violate the Florida Constitution.

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Facts & Procedural History

Little was convicted of a drug possession offense under section 893.13, as amended by section 893.101, and sought postconviction relief challenging th…

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Opinion of the Court
SCHWARTZ, Senior Judge.

SCHWARTZ, Senior Judge.

Rejecting the holding of Shelton v. Sec’y, Dep’t of Corrs., 802 F.Supp.2d 1289 (M.D.Fla.2011) and State v. Washington, No. F11-11019 (Fla. 11th Cir.Ct. Aug. 17, 2011), we hold, as we explicitly did in Taylor v. State, 929 So.2d 665 (Fla. 3d DCA 2006)1, that section 893.13, as *723amended by section 893.101, Florida Statutes (2002), is constitutional. Accord, e.g. Parker v. State, 77 So.3d 707, 2011 WL 5375081 (Fla. 3d DCA 2011) (per curiam affirmance citing Taylor); Holcy v. State, — So.3d -, 2011 WL 5299328 (Fla. 5th DCA 2011) (per curiam affirmance citing Flagg); Edwards v. State, 77 So.3d 676, 2011 WL 5061344 (Fla. 3d DCA 2011) (per curiam affirmance citing Taylor); Flagg v. State, 74 So.3d 138 (Fla. 1st DCA 2011); Johnson v. State, 37 So.3d 975 (Fla. 1st DCA 2010), rev. denied 51 So.3d 465 (Fla.2010); Miller v. State, 35 So.3d 162 (Fla. 4th DCA 2010); Harris v. State, 932 So.2d 551 (Fla. 1st DCA 2006); Tolbert v. State, 925 So.2d 1148 (Fla. 4th DCA 2006); Smith v. State, 901 So.2d 1000 (Fla. 4th DCA 2005); Burnette v. State, 901 So.2d 925 (Fla. 2d DCA 2005); Wright v. State, 920 So.2d 21 (Fla. 4th DCA 2005). Accordingly, the order under review denying postconviction relief is

Affirmed.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (63 total)

  • Adams v. State, 76 So. 3d 367 (Fla. 3d DCA 2011)
  • Smith v. State, 79 So. 3d 127 (Fla. 3d DCA 2012)
    …PER CURIAM. Affirmed. See Adams v. State, 76 So. 3d 367 (Fla. 3d DCA 2011) (holding that section 893.13, as amended by section 893.101, Florida Statutes (2002), is constitutional); Little v. State, 77 So. 3d 722 (Fla. 3d DCA 2011) (same).…
  • Ortega v. State, 76 So. 3d 346 (Fla. 3d DCA 2011)
    …976). Moreover, Shelton is contrary to a prior decision of this Court upholding the facial constitutionality of section 893.13 against the same due process challenge. See Taylor v. State, 929 So. 2d 665 (Fla. 3d DCA 2006). See also, Little v. State, 77 So. 3d 722, 2011 WL 5554812 (Fla. 3d DCA 2011). . "A court may at any time correct an illegal sentence_” Fla. R.Crim. P. 3.800(a).…

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Authorities Cited (17 total)

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