Legal Opinion

State v. Simmons

Supreme Court of Florida

Decided February 13, 1997No. 87618PublishedCited by 2 opinions

1Opinion of the Court

WELLS, Justice.

We have for review Simmons v. State, 668 So.2d 654 (Fla. 1st DCA 1996), in which the district court certified the following question to be of great public importance:

IS THE RULE IN STATE V. DAVIS, 630 So.2d 1059 (Fla.1994), REQUIRING WRITTEN REASONS FOR DEPARTURE WHEN COMBINING NONSTATE PRISON SANCTIONS, APPLICABLE UNDER THE 1994 SENTENCING GUIDELINES?

Simmons, 668 So.2d at 656.

We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We answer the certified question in the negative. Accordingly, we quash the district court’s decision and hold that a sentence combining nonstate…

2Cases cited3 opinions

  1. State v. DavisSupreme Court of Florida · 1994
  2. Simmons v. StateDistrict Court of Appeal of Florida · 1996
  3. Gilyard v. StateSupreme Court of Florida · 1995

3Cited by2 opinions

  1. State v. PerrySupreme Court of Florida · 1997
  2. State v. WatkinsSupreme Court of Florida · 1997

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