DONALDSON v. STATE

No. 1D12-3408.

130 So.3d 271 (2013)

Kory Brett DONALDSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied January 30, 2014.


Attorney(s) appearing for the Case

Nancy A. Daniels , Public Defender, and Glenna Joyce Reeves , Assistant Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi , Attorney General, and Joshua R. Heller , Assistant Attorney General, Tallahassee, for Appellee.


PER CURIAM.

Appellant, through counsel, has attempted to challenge the constitutionality of Florida's drug statute; specifically, section 893.13, Florida Statutes. His counsel maintains the statute is unconstitutional because it does not contain a mens rea requirement. Counsel acknowledges our supreme court has rejected this exact argument, but she maintains the appeal is to preserve the claim "for federal review purposes." See Shelton v. Sec'y, Dep't of Corr....

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