State v. Simmons

HART, Judge Pro Tem.

Andre Simmons was convicted by a jury of second degree burglary. He was sentenced to five years incarceration, with the first three years fixed. He asserts that the evidence police seized when they arrested him should have been suppressed because they did not have a reasonable and articulable suspicion to stop and frisk him and that the frisk was improperly conducted. He also argues that the court erred when it admitted into evidence certain items, abused its discretion in sentencing, and erred when it denied his motion for reconsideration of his sentence. For the…