Legal Opinion

Simms v. State

District Court of Appeal of Florida

Decided January 28, 2011No. 2D09-3971PublishedCited by 7 opinions

1Opinion of the Court

LaROSE, Judge.

Damian Simms appeals his conviction and 28.5-month prison sentence. He pleaded no contest to loitering or prowling and felonious possession of ammunition, reserving his right to appeal the denial of his dispositive motion to suppress evidence. In reviewing that order, “we defer to the trial court’s factual findings if supported by competent, substantial evidence; we review the trial court’s application of the law to those factual findings de novo.” K.W. v. State, 906 So.2d 383, 384 (Fla. 2d DCA 2005) (citing Connor v. State, 803 So.2d 598, 608 (Fla.2001)). Because law…

2Cases cited25 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Terry v. OhioSupreme Court of the United States · 1968
  3. Florida v. J. L.Supreme Court of the United States · 2000
  4. Florida v. JLSupreme Court of the United States · 2000
  5. Popple v. StateSupreme Court of Florida · 1993

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3Cited by7 opinions

  1. Mills v. StateDistrict Court of Appeal of Florida · 2011
  2. P.R. v. StateDistrict Court of Appeal of Florida · 2012
  3. Department of Highway Safety & Motor Vehicles v. IveyDistrict Court of Appeal of Florida · 2011
  4. S.K.W. v. StateDistrict Court of Appeal of Florida · 2013
  5. W.D. v. StateDistrict Court of Appeal of Florida · 2014

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