Simmons v. State

Full title: Anthony SIMMONS, Appellant, v. STATE of Florida, Appellee.

Court: District Court of Appeal of Florida, Fourth District.

Date published: Jul 21, 2021

323 So. 3d 765 (Fla. Dist. Ct. App. 2021)

Opinion

No. 4D18-2101

07-21-2021

Anthony SIMMONS, Appellant, v. STATE of Florida, Appellee.

Carey Haughwout, Public Defender, and Breanna Atwood, Assistant Public Defender, West Palm Beach, for appellant. Ashley Moody, Attorney General, Tallahassee, and Rachael Kaiman, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Carey Haughwout, Public Defender, and Breanna Atwood, Assistant Public Defender, West Palm Beach, for appellant.

Ashley Moody, Attorney General, Tallahassee, and Rachael Kaiman, Assistant Attorney General, West Palm Beach, for appellee.

ON MOTION FOR REHEARING

Per Curiam. Based on the Florida Supreme Court's opinion in State v. Dortch , 317 So.3d 1074 (Fla. May 20, 2021), we grant the State's motion for rehearing. In Dortch , the supreme court held "there is no fundamental-error exception to the preservation requirement of" Florida Rule of Criminal Procedure 9.140(b)(2)(A)(ii)(c). Id . We withdraw the previously issued panel opinion and affirm the final judgment of conviction.

Affirmed.

Gross, May and Damoorgian, JJ., concur.