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[W] Miguel Giraldo v. the State of Florida

February 29, 2012; withdrawn and opinion filed March 28, 2012

MIGUEL GIRALDO, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE.



Lower Tribunal No. 08-34564-A An Appeal from the Circuit Court for Miami-Dade County, Mary Barzee Flores, Judge.

The opinion of the court was delivered by: Wells, Chief Judge.

Not final until disposition of timely filed motion for rehearing.

Before WELLS, C.J., and SUAREZ and SALTER, JJ.

Affirmed. See Smith v. State, No. 3D11-3108 (Fla. 3d DCA Jan. 25, 2012);

Adams v. State, No. 3D11--2946 (Fla. 3d DCA Dec. 21, 2011) (holding that section 893.13, as amended by section 893.101, Florida Statutes (2002), is constitutional); accord, Little v. State, 36 Fla. L. Weekly D2468 (Fla. 3d DCA Nov. 16, 2011).

20120229

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