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DELANCY v. TUCKER

No. 1D11-5437.

88 So.3d 1036 (2012)

Malcolm D. DELANCY, Jr., Appellant, v. Kenneth S. TUCKER, Secretary, Department of Corrections, Appellee.

District Court of Appeal of Florida, First District.

May 29, 2012.

Attorney(s) appearing for the Case

Appellant Malcolm D. Delancy, Jr. , pro se.

Pamela Jo Bondi , Attorney General; and Ann C. Conley , Assistant Attorney General, Tallahassee, for Appellee.

RAY, J.

In 2007, Malcolm Delancy, Jr., the appellant, entered a guilty plea in Bay County to one count of trafficking in cocaine. No direct appeal was taken. Four years after Appellant's judgment and sentence became final, Shelton v. Secretary, Department of Corrections, 802 F.Supp.2d 1289, 1297-1300 (M.D.Fla.2011), held that section 893.13, Florida Statutes, as amended by section 893.101, Florida Statutes, is facially...

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