Simmons v. State

Full title: SAMUEL EDWARD SIMMONS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, First District

Date published: Mar 16, 1990

558 So. 2d 180 (Fla. Dist. Ct. App. 1990)

Opinion

No. 89-731.

March 16, 1990.

An Appeal from the Circuit Court for Alachua County; Elzie Sanders, Judge.

Michael E. Allen, Public Defender, Paula S. Saunders, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., Cynthia Shaw, Asst. Atty. Gen., Tallahassee, for appellee.

SHIVERS, Chief Judge.

We affirm appellant's first-degree murder conviction in all respects but we vacate his 40-year sentence on count II and remand for resentencing with a guidelines scoresheet. Fla.R.Crim.P. 3.701(d)1.; Lamb v. State, 532 So.2d 1051 (Fla. 1988).

WIGGINTON and BARFIELD, JJ., concur.