Cleatha Nickell McLemore Simmons v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledDecember 18, 2020
Docket1D20-0544
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D20-544
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CLEATHA NICKELL MCLEMORE
SIMMONS,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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On appeal from the Circuit Court for Jackson County.
Wade Mercer, Judge.
December 18, 2020
PER CURIAM.
AFFIRMED. See Owens v. State, 303 So. 3d 993 (Fla. 1st DCA
2020) (holding that whether section 948.06(2), Florida Statutes
(2019), applies to a defendant who committed an offense before the
statute was amended, when imposing sentence for a violation of
probation, a trial court is limited under section 948.06(2)(f)1. to
modifying or continuing probation or imposing a sentence of up to
90 days in county jail only when a defendant “meet[s] all four
conditions of section 948.06(2)(f)1.”).
ROWE, WINOKUR, and NORDBY, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Andy Thomas, Public Defender, Megan L. Long, Assistant Public
Defender, and Kasey Lacey, Assistant Public Defender,
Tallahassee, for Appellant.
Ashley Moody, Attorney General, Benjamin L. Hoffman, Assistant
Attorney General, and Adam B. Wilson, Assistant Attorney
General, Tallahassee, for Appellee.
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