Simmons v. State

Supreme Court of Florida

Decided October 5, 1995

Supreme Court of Florida · decided 1995-10-05

Relies on Sowashee Venture v. EB, Inc. · 630 So. 2d 521 - Hale v. State · 660 So. 2d 1384 - Ratcliffe v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1995-10-05

How this case has been cited

Cited by 32 later decisions — most recently April 2023 · most notably 315 Ill. App. 3d 641 - In Re MF (2000), Timberlake v. United States (2000)

31 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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OVERTON, Justice.

¶1We have for review Simmons v. State, 650 So.2d 126 (Fla. 3d DCA 1995), in which the district court vacated Jonathan Simmons’ sentence and certified the following question as being one of great public importance:

Whether Hale v. State, 630 So.2d 521 (Fla.1993), cert denied, [— U.S. -, 115 S.Ct. 278, 130 L.Ed.2d 195 (1994)], precludes under all circumstances the imposition of consecutive sentences for crimes arising from a single criminal episode for habitual felony or habitual violent felony offenders.

¶2We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. In State v. Hill, 660 So.2d 1384 (Fla.1995), we have answered this same certified question in the affirmative. For the reasons set forth in Hill, we approve the district court’s decision in the instant ease. It is so ordered.

GRIMES, C.J., and SHAW, KOGAN, HARDING and ANSTEAD, JJ., concur.WELLS, J., dissents.