SAMUEL EDWARD SIMMONS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
SAMUEL EDWARD SIMMONS, APPELLANT,
STATE OF FLORIDA, APPELLEE
558 So. 2d 180
Florida District Court of Appeal, First District (1990)
Positive Treatment
Cited by 2 cases
Opinion of the Court
SHIVERS, Chief Judge.
We affirm appellant’s first-degree murder conviction in all respects but we vacate his 40-year sentence on count II and remand for resentencing with a guidelines scoresheet. Fla.R.Crim.P. 3.701(d)1.; Lamb v. State, 532 So. 2d 1051 (Fla.1988).
WIGGINTON and BARFIELD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Simmons v. State, 104 So. 3d 1185 (Fla. 1st DCA 2012)…rein and has been held to apply retroactively, and the claim is made within 2 years of the date of the mandate of the decision announcing the retroactivity.... Fla. R.Crim. P. 3.850(b). Seeking to vacate the conviction affirmed in Simmons v. State, 558 So. 2d 180 (Fla. 1st DCA 1990), the motion in the present case was filed on April 23, 2009. Both Lafler and Frye apply Strickland v. Washington, 466 U.S. 668, 690, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), which sets out the requirements for proving a claim of i…
Authorities Cited
- Lamb v. State, 532 So. 2d 1051 (Fla. 1988)