Legal Opinion

Simmons v. State

District Court of Appeal of Florida

Decided December 9, 2009No. 2D08-4186, 2D08-4189, 2D08-4191, 2D08-4192PublishedCited by 5 opinions

1Opinion of the Court

CASANUEVA, Chief Judge.

Charles Simmons, Jr., on probation for various felonies and misdemeanors resulting from a severe cocaine addiction, admitted violating that probation by committing new drug-related crimes. After the court sentenced him on the underlying convictions and the newly admitted charges, he filed a pro se motion to withdraw his plea pursuant to Florida Rule of Criminal Procedure 3.170(0, claiming his counsel had coerced him into pleading. The circuit court dismissed the motion as a nullity based on Grainger v. State, 906 So.2d 380 (Fla. 2d DCA 2005), because he was represented…

2Cases cited6 opinions

  1. Sheppard v. StateSupreme Court of Florida · 2009
  2. Bermudez v. StateDistrict Court of Appeal of Florida · 2005
  3. Peterson v. StateDistrict Court of Appeal of Florida · 2004
  4. Sheppard v. StateDistrict Court of Appeal of Florida · 2008
  5. Grainger v. StateDistrict Court of Appeal of Florida · 2005

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Bryan T. Robinson v. StateDistrict Court of Appeal of Florida · 2018
  2. Collins v. StateDistrict Court of Appeal of Florida · 2014
  3. BRADLEY A. BEVANS v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2020
  4. MICHAEL BARTOLONE v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2021
  5. Tarek Mneimne v. State of FloridaDistrict Court of Appeal of Florida · 2025

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