SIMMONS v. STATE

No. 5D04-2952.

885 So.2d 1037 (2004)

Ricky SIMMONS a/k/a Robert Abrams, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

November 5, 2004.


Attorney(s) appearing for the Case

Ricky Simmons, Okeechobee, pro se.

No Appearance for Appellee.


SHARP, W., J.

Simmons appeals from the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. He seeks to have his 1998 conviction for felony petit theft set aside based on facts he claims were unknown to him and which could not have been ascertained through the exercise of due diligence. The trial court ruled that Simmons essentially raises a scrivener's error, so despite the fact that the motion was untimely, the court granted relief...

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