Legal Opinion
Simmons v. State
District Court of Appeal of Florida
Decided March 19, 1986No. 86-337PublishedCited by 11 opinions
1Opinion of the Court
485 So.2d 475 (1986)
Charles SIMMONS, Appellant,
v.
STATE of Florida, Appellee.
No. 86-337.
District Court of Appeal of Florida, Second District.
March 19, 1986.
SANDERLIN, Judge.
Charles Simmons appeals the summary denial of his motion for postconviction relief. We reverse.
We first address the correctness of the trial court's determination that Simmons was not "in custody" as required by Florida Rule of Criminal Procedure 3.850. The motion attacks two 1968 felony convictions. By Simmons' own admission the one-year sentences imposed in these cases expired long ago. Nevertheless, we conclude that…
2Cases cited10 opinions
- Weir v. StateDistrict Court of Appeal of Florida · 1975
- Remp v. StateDistrict Court of Appeal of Florida · 1970
- Blatch v. StateDistrict Court of Appeal of Florida · 1980
- Vaught v. StateSupreme Court of Florida · 1983
- Bryan v. StateDistrict Court of Appeal of Florida · 1977
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Williams v. StateDistrict Court of Appeal of Florida · 1998
- Siegel v. StateDistrict Court of Appeal of Florida · 1991
- Baldwin v. StateDistrict Court of Appeal of Florida · 1997
- Cintron v. StateDistrict Court of Appeal of Florida · 1987
- Blair v. StateDistrict Court of Appeal of Florida · 2016
6 more not listed; retrieve them via the Exa API.