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113 So. 3d 31

Johnson v. State

District Court of Appeal of Florida · decided 2012-07-11

Cited by 3 later decisions — most recently October 2014

3 state decisions

Relies on Santiago v. State · Shelton v. Secretary, Department of Corrections · 71 So. 3d 184 - State v. Adkins

Good law ✅— No negative treatment on recordhow we know

Decided 2012-07-11

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PER CURIAM.

¶1Robert Lamar Johnson appeals the revocation of his probation and the sentence imposed for his underlying conviction for delivery of cannabis within 1000 feet of a school. We affirm.

¶2Because Mr. Johnson raises here a challenge to the constitutionality of the underlying conviction based upon Shelton v. Secretary, Department of Corrections, 802 F.Supp.2d 1289 (M.D.Fla.2011), and as this issue is presently pending before the Florida supreme court in State v. Adkins, 71 So.3d 184 (Fla. 2d DCA), review granted, 71 So.3d 117 (Fla.2011), we recognize that he may be entitled to raise this issue in a timely motion for postconviction relief. See Gregg v. State, 87 So.3d 812 (Fla. 2d DCA 2012).

SILBERMAN, C.J., and CASANUEVA and KELLY, JJ., Concur.
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