State v. James, 2D11–5871.

• Decision Date: 10 October 2012
• Docket Number: No. 2D11–5871.,2D11–5871.
• Parties: STATE of Florida, Appellant, v. Donald E. JAMES, Appellee.
• Court: Florida District Court of Appeals

101 So.3d 867

STATE of Florida, Appellant,

v.Donald E. JAMES, Appellee.

No. 2D11–5871.

District Court of Appeal of Florida,

Second District.

Oct. 10, 2012.

Appeal from the Circuit Court for Manatee County; Scott M. Brownell, Judge.

Pamela Jo Bondi, Attorney General, Tallahassee, and Elba Caridad Martin–Schomaker, Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman, Public Defender, and Matthew D. Bernstein, Assistant Public Defender, Bartow, for Appellee.

PER CURIAM.

The State appeals the dismissal of the charge against Donald E. James for possession of a controlled substance in violation of section 893.13(6)(a), Florida Statutes (2011). The circuit court dismissed the charge based on its conclusion that section 893.13 was facially unconstitutional. We reverse based on the supreme court's recent decision in State v. Adkins, 96 So.3d 412 (Fla.2012), which held that section 893.13 is not facially unconstitutional, and we remand for further proceedings.

Reversed.

DAVIS, VILLANTI, and MORRIS, JJ., Concur.