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SIMMONS v. STATE

No. 3D99-1968.

758 So.2d 1270 (2000)

Jonathan SIMMONS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

June 7, 2000.

Attorney(s) appearing for the Case

Jonathan Simmons, in proper person.

Robert A. Butterworth, Attorney General, and Darien M. Doe, Assistant Attorney General, for appellee.

Before COPE, GERSTEN and FLETCHER, JJ.

PER CURIAM.

In response to a postconviction motion filed by Jonathan Simmons, the trial court agreed that under the version of the habitual offender statute in effect at the time of appellant's crimes,1 it was not permissible to give a sentence as a habitual violent felony offender on count twelve, second degree murder with a firearm, which is a life felony. See Lamont v. State, 610 So.2d 435...

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