JONATHAN SIMMONS, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT; STATE OF FLORIDA, PETITIONER, V. JONATHAN SIMMONS, RESPONDENT
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OVERTON, Justice.
We have for review Simmons v. State, 650 So. 2d 126 (Fla. 3d DCA 1995), in which the district court vacated Jonathan Simmons’ sentence and certified the following question as being one of great public importance:
Whether Hale v. State, 630 So. 2d 521 (Fla.1993), cert denied, [— U.S. -, 115 S.Ct. 278, 130 L.Ed.2d 195 (1994)], precludes under all circumstances the imposition of consecutive sentences for crimes arising from a single criminal episode for habitual felony or habitual violent felony offenders.
We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. In State v. Hill, 660 So. 2d 1384 (Fla.1995), we have answered this same certified question in the affirmative. For the reasons set forth in Hill, we approve the district court’s decision in the instant ease. It is so ordered.
GRIMES, C.J., and SHAW, KOGAN, HARDING and ANSTEAD, JJ., concur. WELLS, J., dissents.
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Obas v. State, 935 So. 2d 38 (Fla. 4th DCA 2006)…away a small bag of cocaine, while in the presence of arresting officers at the scene of a sale, did not violate the tampering statute, but was merely abandonment of evidence. Boice, however, was criticized by our supreme court in State v. Jennings, 666 So. 2d 131 (Fla.1995), in which the defendant swallowed cocaine rocks which were never recovered. In holding that swallowing could constitute tampering, the supreme court explained that it disagreed with Boice: to the extent it can be read to mean that tossin…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hale v. State, 630 So. 2d 521 (Fla. 1993)
- Patrice Ratcliffe v. State, 660 So. 2d 1384 (Fla. 1995)
- Simmons v. State, 650 So. 2d 126 (Fla. 3d DCA 1995)