STATE OF FLORIDA, APPELLANT,
v.
WILLIE LEE, ROBERT MACIALEK, AND JONATHAN MCLEOD, A/K/A JONATHON G. MCLEOD, APPELLEES

Fla. 2d DCA | 2012-10-24
No. 2D11-5616
SILBERMAN, C.J., and CRENSHAW, J., Concur.
100 So. 3d 180 Florida District Court of Appeal, Second District (2012) Positive Treatment
Cited by 11 cases
Topics
Facial Unconstitutionality Possession Of A Controlled Substance

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Opinion of the Court
VILLANTI, Judge.

VILLANTI, Judge.

The State appeals the dismissal of certain criminal charges filed against Willie Lee, Robert Macialek, and Jonathan McLeod. Each of these defendants had a charge filed against them for possession of controlled substances under section 893.13, Florida Statutes (2011), and each of these defendants sought dismissal of those charges based on the alleged facial unconstitutionality of section 893.13.

The trial court dismissed the charges at issue based on its finding that section 893.13 was unconstitutional pursuant to Shelton v. Secretary, Department of Corrections, 802 F.Supp.2d 1289 (M.D.Fla.2011), rev’d, 691 F.3d 1348 (11th Cir.2012). Because the Florida Supreme Court upheld the constitutionality of section 893.13 in State v. Adkins, 96 So.3d 412 (Fla.2012), we reverse the order of dismissal and remand with instructions that the trial court reinstate the charges as to each of these defendants.

Reversed and remanded for further proceedings.

SILBERMAN, C.J., and CRENSHAW, J., Concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By (11 total)

  • Narcisse Antoine v. State, 138 So. 3d 1064 (Fla. 4th DCA 2014)
    …pprehensive regarding Thompson’s conduct. Given the nature of the evidence and the jury’s difficulty in reaching a verdict, we cannot say that “ ‘there is no reasonable possibility that the error contributed to the conviction.’ ” Symonette v. State, 100 So. 3d 180, 184 (Fla. 4th DCA 2012) (quoting State v. DiGuilio, 491 So. 2d 1129, 1138 (Fla.1986)). This is particularly true in this case, where the State relied on the erroneous jury instruction to invite the jurors to disregard the reputation testimony. Sta…
  • Jacquelin Vilsaint v. State, 127 So. 3d 647 (Fla. 4th DCA 2013)
  • Arkheem J. Lamb v. State, 246 So. 3d 400 (Fla. 4th DCA 2018)

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