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Nelson ALVAREZ, Appellant, v. The STATE of Florida, Appellee

Florida District Court of Appeal2012-05-16No. No. 3D12-510
88 So. 3d 430

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Opinion

majority opinion

PER CURIAM.

Affirmed. See Little v. State, 77 So.3d 722, 722-23 (Fla. 3d DCA 2011) (holding “section 89.13, as amended by section 893.101, Florida Statutes (2002), is constitutional,” and rejecting Shelton v. Secretary, Department of Corrections, 802 F.Supp.2d 1289, 1308 (M.D.Fla.2011), in which federal court held 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).