Legal Opinion

Gardner v. State

District Court of Appeal of Florida

Decided June 6, 2012No. 3D11-2883Published

1Per curiam

Affirmed. See Little v. State, 77 So.3d 722, 722-23 (Fla. 3d DCA 2011) (holding that “section 893.13, as amended by section 893.101, Florida Statutes (2002), is constitutional”; rejecting Shelton v. Secretary, Department of Corrections, 802 F.Supp.2d 1289, 1308 (M.D.Fla.2011), in which federal court held that section 893.13, Florida Statutes (2004), “violates the due process clause and that the statute is unconstitutional on its face”); Ortega v. State, 76 So.3d 346 (Fla. 3d DCA 2011); see also State v. Adkins, 71 So.3d 184 (Fla. 2d DCA 2011), review granted, 71 So.3d 117 (Fla.2011).

2Cases cited4 opinions

  1. Shelton v. Secretary, Department of CorrectionsDistrict Court, M.D. Florida · 2011
  2. Little v. StateDistrict Court of Appeal of Florida · 2011
  3. State v. AdkinsDistrict Court of Appeal of Florida · 2011
  4. Ortega v. StateDistrict Court of Appeal of Florida · 2011