District Court of Appeal of Florida May 29, 2012, No. 1D11-5437 (Delancy v. Tucker)

RAY, J.

In 2007, Malcolm Delaney, Jr., the appellant, entered a guilty plea in Bay County to one count of trafficking in cocaine. No direct appeal was taken. Four years after Appellant’s judgment and sentence became final, Shelton v. Secretary, Department of Corrections, 802 F.Supp.2d 1289, 1297-1300 (M.D.Fla.2011), held that section 893.13, Florida Statutes, as amended by section 893.