SIMMS v. STATE

No. 2D09-3971.

51 So.3d 1264 (2011)

Damian SIMMS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

January 28, 2011.


Attorney(s) appearing for the Case

James Marion Moorman , Public Defender, and Cynthia J. Dodge , Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Donna S. Koch , Assistant Attorney General, Tampa, for Appellee.


LaROSE, Judge.

Damian Simms appeals his conviction and 28.5-month prison sentence. He pleaded no contest to loitering or prowling and felonious possession of ammunition, reserving his right to appeal the denial of his dispositive motion to suppress evidence. In reviewing that order, "we defer to the trial court's factual findings if supported by competent, substantial evidence; we review the trial court's application of the law to those factual findings de novo."...

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