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SIMMONS v. STATE

No. SC04-2375.

944 So.2d 317 (2006)

Michael John SIMMONS, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

November 16, 2006.

Attorney(s) appearing for the Case

William J. Sheppard, D. Gray Thomas and Matthew R. Kachergus of Sheppard, White and Thomas, P.A., Jacksonville, FL, for Appellant.

Charles J. Crist, Jr., Attorney General, Robert R. Wheeler, Bureau Chief, Criminal Appeals, Charlie McCoy, Senior Assistant Attorney General, Tallahassee, FL, for Appellee.

QUINCE, J.

We have for review a decision of a district court of appeal that expressly declares a state statute valid. We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. For the reasons explained below, we approve the decision of the First District Court of Appeal in Simmons v. State, 886 So.2d 399 (Fla. 1st DCA 2004).

FACTS AND PROCEDURAL HISTORY

This case involves the prosecution of Michael...

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