SIMMONS V. STATE

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM A.D., 2004 JONATHAN SIMMONS, Appellant, vs. ** ** ** THE STATE OF FLORIDA, Appellee. CASE NO. 3D04-2757 ** ** LOWER TRIBUNAL NO. 88-43713 ** Opinion filed December 8, 2004. An Appeal under Florida Rule of Appellate Procedure 9.141(b) (2) from the Circuit Court for Miami-Dade County, David H. Young, Judge. Jonathan Simmons, in proper person. Charles J. Crist, Jr., Attorney General, for appellee. Before SCHWARTZ, C.J., and COPE and LEVY, JJ. PER CURIAM. Affirmed. See Burgal v. State, ____ So. 2d ____ (Fla. 3d DCA Case no. 3D03-3016, opinion filed, November 17, 2004)[29 FLW D2586].

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