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Little v. State

Florida Court of Appeal, Third District

November 16, 2011

Jasper LITTLE, Appellant,
v.
The STATE of Florida, Appellee.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Bronwyn C. Miller, Judge.

Jasper Little, in proper person.

Pamela Jo Bondi, Attorney General, for appellee.

Before SALTER and FERNANDEZ, JJ., and SCHWARTZ, Senior Judge.

SCHWARTZ, Senior Judge.

Rejecting the holding of Shelton v. Sec'y, Dep't of Corrs., 802 F.Supp.2d 1289 (M.D.Fla.2011) and State v. Washington, No. F11-11019 (Fla. 11th Cir.Ct. Aug. 17, 2011), we hold, as we explicitly did in Taylor v. State, 929 So.2d 665 (Fla. 3d DCA 2006)[1], that section 893.13, as

Page 723

amended by section 893.101, Florida Statutes (2002), is constitutional. Accord, e.g. Parker v. State,77 So.3d 707, 2011 WL 5375081 (Fla. 3d DCA 2011) (per curiam affirmance citing Taylor ); Holcy v. State, --- So.3d ----, 2011 WL 5299328 (Fla. 5th DCA 2011) (per curiam affirmance citing Flagg ); Edwards v. State,77 So.3d 676, 2011 WL 5061344 (Fla. 3d DCA 2011) (per curiam affirmance citing Taylor ); Flagg v. State,74 So.3d 138 (Fla. 1st DCA 2011); Johnson v. State,37 So.3d 975 (Fla. 1st DCA 2010), rev. denied 51 So.3d 465 (Fla.2010); Miller v. State,35 So.3d 162 (Fla. 4th DCA 2010); Harris v. State,932 So.2d 551 (Fla. 1st DCA 2006); Tolbert v. State,925 So.2d 1148 (Fla. 4th DCA 2006); Smith v. State,901 So.2d 1000 (Fla. 4th DCA ...


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