JEROME DONSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 2012-10-31
No. 1D12-1203
WETHERELL and MAEAR, JJ., and WALLACE, WADDELL A., Associate Judge, concur.
99 So. 3d 999 Florida District Court of Appeal, First District (2012) Positive Treatment
Cited by 3 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The appellant has filed a rule 3.850 motion raising six claims. We affirm the lower court’s denial of all of the claims, including claim six, in which the appellant argues that section 893.13, Florida Statutes, is unconstitutional pursuant to Shelton v. Secretary, Department of Corrections, 802 F.Supp.2d 1289 (M.D.Fla.2011). See State v. Adkins, 96 So.3d 412 (Fla.2012).

AFFIRMED.

WETHERELL and MAEAR, JJ., and WALLACE, WADDELL A., Associate Judge, concur.


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  • Dortly v. State, 107 So. 3d 1229 (Fla. 1st DCA 2013)
    …thus, we do not know precisely how the sentence was structured. Nor do we know whether the trial court checked the box on the judgment and sentence directing the Department of Corrections (DOC) to award prison credit. See generally Morgan v. State, 99 So. 3d 999, 1000 (Fla. 1st DCA 2012) (explaining that, if the defendant is entitled to prison credit, the trial court is required to check the box on the sentencing form indicating that the defendant is entitled to such credit, and once the court does so, the…
  • Scharman v. Crews, 123 So. 3d 147 (Fla. 1st DCA 2013)
    …appellant — an award of credit for time previously served — is not a matter which the Department can provide. Scharman has not argued that the sentencing court did award credit upon revocation but that DOC has not applied such. See Morgan v. State, 99 So. 3d 999, 1000 (Fla. 1st DCA 2012) (explaining that, if the defendant is entitled to prison credit, the trial court is required to check the box on the sentencing form indicating that the defendant is entitled to such credit, and once the court does so, the…
  • Rivera v. State, 257 So. 3d 1142 (Fla. 3d DCA 2018)

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