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STATE v. JAMES

No. 2D11-5318.

100 So.3d 165 (2012)

STATE of Florida, Appellant, v. Kieron W. JAMES, Appellee.

District Court of Appeal of Florida, Second District.

October 17, 2012.

Attorney(s) appearing for the Case

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

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

KHOUZAM, Judge.

The State of Florida appeals the dismissal of its prosecution of Kieron W. James for possession of a controlled substance. The trial court had dismissed the charge upon a finding that the relevant statute, section 893.13, Florida Statutes (2010), was unconstitutional. See Shelton v. Sec'y, Dep't of Corr., 802 F.Supp.2d 1289 (M.D.Fla.2011), rev'd, 691 F.3d 1348

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