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SIMMONS v. STATE

No. 4D18-2101.

323 So.3d 765 (2021)

Anthony SIMMONS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

July 21, 2021.

Attorney(s) appearing for the Case

Carey Haughwout , Public Defender, and Breanna Atwood , Assistant Public Defender, West Palm Beach, for appellant.

Ashley Moody , Attorney General, Tallahassee, and Rachael Kaiman , Assistant Attorney General, West Palm Beach, for appellee.

ON MOTION FOR REHEARING

Based on the Florida Supreme Court's opinion in State v. Dortch, 317 So.3d 1074 (Fla. May 20, 2021), we grant the State's motion for rehearing. In Dortch, the supreme court held "there is no fundamental-error exception to the preservation requirement of" Florida Rule of Criminal Procedure...

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