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98 So. 3d 261

Benbow v. State

District Court of Appeal of Florida

Decided October 12, 2012

District Court of Appeal of Florida · decided 2012-10-12

Relies on 96 So. 3d 412 - State v. Adkins · Shelton v. Secretary, Department of Corrections · Shelton v. Secretary, Department of Corrections

Decided 2012-10-12

PER CURIAM.

¶1Appellant pled no contest to several felony drug offenses and was sentenced to 18 months in prison. On appeal, she challenges the constitutionality of section 893.101, Florida Statutes (2009), based on the reasoning in Shelton v. Secretary, Department of Corrections, 802 F.Supp.2d 1289 (M.D.Fla.2011). That decision was recently reversed on appeal, see Shelton v. Secretary, Department of Corrections, 691 F.3d 1348 (11th Cir.2012), and the Florida Supreme Court expressly upheld the constitutionality of section 893.101 in State v. Adkins, 96 So.3d 412 (Fla.2012). Accordingly, we reject Appellant’s constitutional challenge and affirm her convictions and sentences.

¶2AFFIRMED.

LEWIS, WETHERELL, and MAKAR, JJ., concur.
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