Case No. 1D10-1221.District Court of Appeal of Florida, First District.
Opinion filed November 16, 2011.
An appeal from the Circuit Court for Hamilton County, Gregory S. Parker, Judge.
Nancy A. Daniels, Public Defender, and A. Victoria Wiggins, Assistant Public Defender, Tallahassee, for Appellant.
Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.
PER CURIAM.
Oliver Young appeals the denial of his motion for post-conviction relief. We affirm and write only to address a matter raised by Young in his supplemental brief.
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While this appeal was pending, the federal district court for the Middle District of Florida issued Shelton v. Secretary, Department ofCorrections, 2011 WL 3236040 (M.D. Fla. July 27, 2011).Shelton holds that section 893.101, Florida Statutes, which provides that knowledge of the illicit nature of contraband is not an element of offense under chapter 813, is unconstitutional. Young argues that, in light of Shelton, this court should overturn his convictions for possession of cocaine with intent to sell. As this court recently explained in Flagg v. State, 36 Fla. L. Weekly D2276 (Fla. 1st DCA Oct. 14, 2011), we have previously rejected this argument and are not inclined to reconsider it; further,Shelton is not binding on this court. Id. at D2277.
AFFIRMED.
DAVIS, VAN NORTWICK, and CLARK, JJ., CONCUR.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED
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