SYLVESTER SIMS, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
SYLVESTER SIMS, PETITIONER,
STATE OF FLORIDA, RESPONDENT
154 So. 3d 523
Florida District Court of Appeal, First District (2015)
Positive Treatment
Cited by 2 cases
Opinion of the Court
The petition seeking a belated appeal of the judgment and sentence dated August 11, 2014, in Escambia County Circuit Court case number 2014-CF-000543-A, is granted. Upon issuance of mandate, a copy of this opinion shall be furnished to the clerk of the lower tribunal for treatment as a notice of appeal. If petitioner qualifies for the appointment of counsel at public expense, the lower tribunal is directed to appoint counsel to represent him in the belated appeal authorized by this opinion.
ROBERTS, RAY, and MAKAR, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Tambriz-Ramirez v. State, 248 So. 3d 1087 (Fla. 2018)…riz-Ramirez's convictions do not violate the prohibition against double jeopardy. The Fourth District certified conflict with Dykes v. State, 200 So. 3d 162 (Fla. 5th DCA 2016), Hankins v. State , 164 So. 3d 738 (Fla. 5th DCA 2015), Smith v. State , 154 So. 3d 523 (Fla. 1st DCA 2015), McGhee v. State , 133 So. 3d 1137 (Fla. 5th DCA 2014), Green v. State , 120 So. 3d 1276 (Fla. 1st DCA 2013), Estremera v. State , 107 So. 3d 511 (Fla. 5th DCA 2013), White v. State , 753 So. 2d 668 (Fla. 1st DCA 2000), and Baldw…1 / 2
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Tambriz-Ramirez v. State, 213 So. 3d 920 (Fla. 4th DCA 2017)…me of aggravated assault with a firearm are contained within the crime of burglary with assault while armed with a firearm, Baldwin’s dual convictions are in violation of the prohibition against double jeopardy. Id. at 435; see also Smith v. State, 154 So. 3d 523, 524 (Fla. 1st DCA 2015) (concluding that aggravated assault convictions were subsumed within a conviction for armed burglary with assault); McGhee v. State, 133 So. 3d 1137, 1138 (Fla. 5th DCA 2014) (reversing “the conviction for aggravated assault…