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Simmons v. State

District Court of Appeal of Florida, First District
Nov 9, 1995
662 So. 2d 745 (Fla. Dist. Ct. App. 1995)

Opinion

No. 94-2379.

November 9, 1995.

An appeal from the Circuit Court for Leon County; Kathleen Dekker, Judge.

Gregory J. Cummings, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General, Mark Menser, Assistant Attorney General, Tallahassee, for Appellee.


The appellant was convicted of both armed robbery and theft for a single taking. Although we reject his challenges to the armed robbery conviction, which we affirm without further elaboration, we must reverse the theft conviction on the authority of Sirmons v. State, 634 So.2d 153 (Fla. 1994). We remand the case for resentencing.

BOOTH, MINER and WEBSTER, JJ., concur.


Summaries of

Simmons v. State

District Court of Appeal of Florida, First District
Nov 9, 1995
662 So. 2d 745 (Fla. Dist. Ct. App. 1995)
Case details for

Simmons v. State

Case Details

Full title:DeFOREST SIMMONS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Nov 9, 1995

Citations

662 So. 2d 745 (Fla. Dist. Ct. App. 1995)