Carreras v. State

Arthur Carreras [“Carreras”] appeals his judgment and sentence for tampering with physical evidence, possession of twen ty grams or less of cannabis, and possession of drug paraphernalia. He argues that his conviction for possession of twenty grams or less of cannabis, and for possession of drug paraphernalia, should be vacated because section 893.101, Florida Statutes (2009) has been held to be facially unconstitutional in Shelton v. Secretary, Dep’t of Corrections, 802 F.Supp.2d 1289 (M.D.Fla.2011).

Testimony was presented during the trial that on November 5, 2010, a pick-up truck took a…