STATE v. KLIMAS

No. 2D11-6296.

100 So.3d 248 (2012)

STATE of Florida, Appellant, v. Robert KLIMAS, Appellee.

District Court of Appeal of Florida, Second District.

November 7, 2012.


Attorney(s) appearing for the Case

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.


KHOUZAM, Judge.

The State of Florida appeals the dismissal of its prosecution of Robert Klimas for two counts of possession of a controlled substance. The trial court had dismissed the charges upon a finding that the relevant statute, section 893.13, Florida Statutes (2010), was unconstitutional. See Shelton v. Secretary, Department of Corrections, 802 F.Supp.2d 1289 (M.D...

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