Simmons v. State

Appellant raises two issues in this direct criminal appeal. First, he contends that it was error under Williams v. State, 186 So.3d 989 (Fla. 2016), and Gartman v. State, 197 So.3d 1181 (Fla. 1st DCA 2016), for any portion of his sentences to be imposed consecutively. Second, he contends that it was error for a successor judge to rule on his rule 3.800(b)(2) motion and resentence him over his objection. The State concedes error on the second issue, but argues that the trial court has the discretion to impose consecutive sentences on remand.

We accept the State’s concession of error on the…