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SIMMONS v. STATE

Nos. 85444, 85458.

666 So.2d 131 (1995)

Jonathan SIMMONS, Petitioner, v. STATE of Florida, Respondent. State of Florida, Petitioner, v. Jonathan SIMMONS, Respondent.

Supreme Court of Florida.

Rehearing Denied January 12, 1996.

Attorney(s) appearing for the Case

Jonathan Simmons, pro se, Belle Glade.

Robert A. Butterworth, Attorney General and Mark Rosenblatt, Assistant Attorney General, Miami, for Respondent/Petitioner.

OVERTON, Justice.

We 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...

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