Hat tip David Marcus. Here’s the order.
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So what affect does this have on State law. Does a state court have to follow this order?
No. Florida state courts do not have to follow Shelton. There are a couple of DCA opinions that are in direct conflict with Shelton.
However, defense lawyers should file motions to dismiss in every felony drug case. If denied, you can still argue no felony conviction allowed for a strict liability offense. Denial of due process. Then, the appellate lawyers will battle it out.