ROBERT LAMAR JOHNSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ROBERT LAMAR JOHNSON, APPELLANT,
STATE OF FLORIDA, APPELLEE
113 So. 3d 31
Florida District Court of Appeal, Second District (2012)
Negative Treatment
Cited by 3 cases
Opinion of the Court
Robert Lamar Johnson appeals the revocation of his probation and the sentence imposed for his underlying conviction for delivery of cannabis within 1000 feet of a school. We affirm.
Because Mr. Johnson raises here a challenge to the constitutionality of the underlying conviction based upon Shelton v. Secretary, Department of Corrections, 802 F.Supp.2d 1289 (M.D.Fla.2011), and as this issue is presently pending before the Florida supreme court in State v. Adkins, 71 So.3d 184 (Fla. 2d DCA), review granted, 71 So.3d 117 (Fla.2011), we recognize that he may be entitled to raise this issue in a timely motion for postconviction relief. See Gregg v. State, 87 So.3d 812 (Fla. 2d DCA 2012).
SILBERMAN, C.J., and CASANUEVA and KELLY, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Lafave v. State, 149 So. 3d 662 (Fla. 2014)…QUINCE, J. This case is before the Court for review of the decision of the Second District Court of Appeal in State v. LaFave, 113 So. 3d 31 (Fla. 2d DCA 2012). In its decision, the district court ruled upon the following question and certified it to be of great public importance: IN THE ABSENCE OF A STATUTORY RIGHT TO APPEAL, MAY THE STATE SEEK CERTIORARI REVIEW OF AN ORDER TERMINATING…
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Jacoby Adams v. State, 118 So. 3d 930 (Fla. 1st DCA 2013)…n v. State, 91 So. 3d 268, 269 (Fla. 1st DCA 2012). Appellant, through Anders counsel, presents the same arguments here. His arguments are unavailing. Appellant entered into a valid and binding contract through his negotiated plea. State v. LaFave, 113 So. 3d 31, 38 (Fla. 2d DCA 2012) (stating a negotiated plea agreement is a contract). Through this contract, he negotiated the parameters of his sentence and punishment, which he is permitted to do. See Costin v. State, 46 So. 3d 96, 97 (Fla. 1st DCA 2010) (c…
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Mason v. State, 140 So. 3d 1015 (Fla. 2d DCA 2014)…PER CURIAM. Affirmed. See State v. LaFave, 113 So. 3d 31 (Fla. 2d DCA 2012); State v. Brooks, 890 So. 2d 503 (Fla. 2d DCA 2005). KHOUZAM, MORRIS, and SLEET, JJ., Concur.…
Authorities Cited
- State v. Adkins, 71 So. 3d 117 (Fla. 2011)
- State v. Adkins, 71 So. 3d 184 (Fla. 2d DCA 2011)
- Gregg v. State, 87 So. 3d 812 (Fla. 2d DCA 2012)