JASPER LITTLE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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)
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Adams v. State, 76 So. 3d 367 (Fla. 3d DCA 2011)
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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).…
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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).…
Previewing 3 of 63 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited (17 total)
- Chicone v. State, 684 So. 2d 736 (Fla. 1996)
- Flagg v. State, 74 So. 3d 138 (Fla. 1st DCA 2011)
- Holmes v. State, 74 So. 3d 138 (Fla. 1st DCA 2011)
- Burnette v. State, 901 So. 2d 925 (Fla. 2d DCA 2005)
- State v. Schuyler, 920 So. 2d 21 (Fla. 4th DCA 2005)
- Mose Harris v. State, 932 So. 2d 551 (Fla. 1st DCA 2006)
- Wright v. State, 920 So. 2d 21 (Fla. 4th DCA 2005)
- Wright v. State, 915 So. 2d 1198 (Fla. 2005)
- Taylor v. State, 929 So. 2d 665 (Fla. 3d DCA 2006)
- Johnson v. State, 37 So. 3d 975 (Fla. 1st DCA 2010)