BROWN v. STATE

No. 2D11-5114.

74 So.3d 1141 (2011)

Frankie BROWN, Jr., Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Second District.

November 30, 2011.


Attorney(s) appearing for the Case

Frankie Brown, Jr. , pro se.

Prior report: 49 So.3d 239.


PER CURIAM.

Frankie Brown, Jr., in his petition filed pursuant to Florida Rule of Appellate Procedure 9.141(c), alleges that his appellate counsel was ineffective in failing to argue that section 893.13, Florida Statutes (2008), is unconstitutional on its face based on the reasoning of the Federal District Court in Shelton v. Secretary, Department of Corrections, ___ F.Supp.2d ___, 23 Fla. L. Weekly Fed. D11 (M.D.Fla.2011), which held that the statute improperly...

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