STATE v. SIMMONS

No. 4D10-71.

80 So.3d 1089 (2012)

STATE of Florida, Appellant, v. John Henry SIMMONS, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied March 23, 2012.


Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, and Mitchell A. Egber , Assistant Attorney General, West Palm Beach, for appellant.

Antony P. Ryan , Regional Counsel and Ephrat Livni , Assistant Regional Counsel, of the Office of Criminal Conflict and Civil Regional Counsel, West Palm Beach, for appellee.


DAMOORGIAN, J.

The State appeals a final order granting a downward departure from the sentencing guidelines for Defendant John Henry Simmons. Simmons cross-appeals his conviction and sentence for burglary of a conveyance, arguing that the trial court erred in granting the State's request to instruct the jury on attempted burglary where the unrebutted evidence established that the burglary had been completed. We reverse the downward departure sentence for the reasons...

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