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Jasper Little, Appellant, v. The State of Florida, Appellee.

SCHWARTZ, Senior Judge.

Rejecting the holding of Shelton v. Sec'y, Dep't of Corrs., No. 6:07-CV-839-ORL-35-KRS, 2011 WL 3236040 (M.D. Fla. July 27, 2011) and State v. Washington, No. F11-11019 (Fla. 11th Cir. Ct. Aug. 17, 2011), we hold, as we explicitly did in Taylor v. State, 929 So. 2d 665 (Fla. 3d DCA 2006), that section 893.13, as amended by section 893.101, Florida Statutes (2002), is constitutional. Accord, e.g. Parker v. State, No. 3D11-2575 (Fla. 3d DCA Nov. 9, 2011) (per curiam affirmance citing Taylor); Holcy v. State, No. 5D10-3437 (Fla. 5th DCA Nov. 1, 2011) (per curiam affirmance citingFlagg); Edwards v. State, No. 3D11-2437 (Fla. 3d DCA Oct. 26, 2011) (per curiam affirmance citing Taylor); Flagg v. State, No. 1D11-2372 (Fla. 1st DCA Oct. 13, 2011); Johnson v. State, 37 So. 3d 975 (Fla. 1st DCA), rev. denied 51 So. 3d 465 (Fla. 2010); Miller v. State, 35 So. 3d 162 (Fla. 4th DCA 2010); Harris v. State, 932 So. 2d 551 (Fla. 1st DCA 2006); Tolbert v. State, 925 So. 2d 1148 (Fla. 4th DCA 2006); Smith v. State, 901 So. 2d 1000 (Fla. 4th DCA 2005); Burnette v. State, 901 So. 2d 925 (Fla. 2d DCA 2005); Wright v. State, 920 So. 2d 21 (Fla. 4th DCA 2005). Accordingly, the order under review denying postconviction relief is Affirmed.

Taylor states:

The defendant was convicted of possession of cocaine. We reject his primary contention for reversal that section 893.101, Florida Statutes (2003), which overruled Chicone v. State, 684 So.2d 736 (Fla. 1996), and eliminated knowledge of the unlawful nature of the offending substance as an element of the crime, is unconstitutional. As was correctly held in Tolbert v. State, 925 So.2d 1148 (Fla. 4th DCA, 2006), Wright v. State, 920 So.2d 21 (Fla. 4th DCA 2005), review denied, 915 So.2d 1198 (Fla. 2005), Smith v. State, 901 So.2d 1000 (Fla. 4th DCA 2005), review denied, No. SC05-1120, 928 So.2d 336 (April 4, 2006), and Burnette v. State, 901 So.2d 925 (Fla. 2d DCA 2005), however, it is not.
929 So. 2d at 665.

Not final until disposition of timely filed motion for rehearing.

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LITTLE v. STATE, 3D11-2463 (Fla.App. 3 Dist. 11-16-2011)
(Nov 16, 2011)