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SIMMONS v. STATE

No. 1D12-4065.

104 So.3d 1185 (2012)

Samuel E. SIMMONS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied January 22, 2013.

Attorney(s) appearing for the Case

Samuel E. Simmons, pro se, Appellant.

Pamela Jo Bondi , Attorney General, and Joshua R. Heller , Assistant Attorney General, Tallahassee, for Appellee.

BENTON, C. J.

This is an appeal from the denial, as untimely, of a motion filed pursuant to Florida Rule of Criminal Procedure 3.850. Appellant, the movant below, argues that Lafler v. Cooper, ___ U.S. ___, 132 S.Ct. 1376, 1391, 182 L.Ed.2d 398 (U.S.2012) (holding that Lafler suffered prejudice when, after following counsel's advice to reject a plea offer and proceed to trial, he received a harsher sentence than he had been...

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