Simmons v. State

SILBERMAN, Judge.

After entering a no contest plea to a lesser included offense, Irvin Jonathan Simmons appeals his sentence of sixty months in prison for the second-degree felony of sale or delivery of a controlled substance. He contends that the trial court improperly increased the negotiated sentence of thirty-six months after Simmons failed to appear for his sentencing hearing. In the alternative, he argues that his trial counsel rendered ineffective assistance for failing to object to the sentence. Because Simmons did not preserve the sentencing issue by seeking to withdraw his plea and…