Simmons v. State

This is an appeal from the denial, as untimely, of a motion filed pursuant to Florida Rule of Criminal Procedure 3.850. Appellant, the movant below, argues that Lafler v. Cooper, — U.S.-, 132 S.Ct. 1376, 1391, 182 L.Ed.2d 398 (U.S.2012) (holding that Lafler suffered prejudice when, after following counsel’s advice to reject a plea offer and proceed to trial, he received a harsher sentence than he had been offered in exchange for a plea), and Missouri v. Frye, — U.S.-, 132 S.Ct. 1399, 1408, 182 L.Ed.2d 379 (U.S.2012) (holding that counsel has a duty to communicate to the defendant all formal…