Simmons v. State

Supreme Court of Florida

Simmons v. State

279 So. 2d 298, 1973 Fla. LEXIS 5127

CourtSupreme Court of Florida

DecidedJune 13, 1973

DocketNo. 42816

StatusPublished

This text of 279 So. 2d 298 (Simmons v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Simmons v. State, 279 So. 2d 298, 1973 Fla. LEXIS 5127 (Fla. 1973).

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Opinion

PER CURIAM.

The appellant was convicted of rape without recommendation of mercy in the Circuit Court, in and for Pinellas County, Florida, and sentenced to death. Subsequently, under authority of Furman v. Georgia, 408 U.S. 238, 92 S.Ct. 2726, 33 L.Ed.2d 346 (1972), the Supreme Court of Florida in In re Baker, 267 So.2d 331 (Fla.1972), reduced appellant’s sentence from death to life imprisonment and allowed appellant the right to file a motion with the trial court for further consideration or mitigation of the sentence.

Appellant’s conviction for rape arose from a series of alleged criminal transactions which also resulted in convictions of armed robbery and aggravated assault with intent to commit murder, but these convictions are not before this Court. We have carefully considered the record and briefs, and have listened carefully to oral argument in the cause, and find no reversible error. Accordingly, the conviction, as previously modified by reduction of sentence, is affirmed.

It is so ordered.

CARLTON, C. J., and ROBERTS, ERVIN, ADKINS, BOYD, McCAIN and DEKLE, JJ., concur.

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PER CURIAM.

The appellant was convicted of rape without recommendation of mercy in the Circuit Court, in and for Pinellas County, Florida, and sentenced to death. Subsequently, under authority of Furman v. Georgia, 408 U.S. 238, 92 S.Ct. 2726, 33 L.Ed.2d 346 (1972), the Supreme Court of Florida in In re Baker, 267 So.2d 331 (Fla.1972), reduced appellant’s sentence from death to life imprisonment and allowed appellant the right to file a motion with the trial court for further consideration or mitigation of the sentence.

Appellant’s conviction for rape arose from a series of alleged criminal transactions which also resulted in convictions of armed robbery and aggravated assault with intent to commit murder, but these convictions are not before this Court. We have carefully considered the record and briefs, and have listened carefully to oral argument in the cause, and find no reversible error. Accordingly, the conviction, as previously modified by reduction of sentence, is affirmed.

It is so ordered.

CARLTON, C. J., and ROBERTS, ERVIN, ADKINS, BOYD, McCAIN and DEKLE, JJ., concur.

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279 So. 2d 298, 1973 Fla. LEXIS 5127, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simmons-v-state-fla-1973.

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