Simmons v. State — First District affirmed without a written explanation

Case
Perry Simmons v. State of Florida
Court
Florida First District Court of Appeal
Judge
Roberts; Rowe; Kelsey
Date Decided
September 9, 2026
Docket No.
1D2025-2416
Topics
Criminal Appeal, Per Curiam Affirmance, Appellate Procedure
Source
Read the full opinion

Background

Perry Simmons appealed from a judgment of the Circuit Court for Wakulla County, where Circuit Judge Brian David Miller presided.

The First District Court of Appeal’s opinion does not identify the underlying charges, describe the proceedings below, or state the arguments Simmons raised on appeal.

The Court’s Holding

The First District affirmed the circuit court’s judgment.

The court issued a per curiam affirmance without explaining its reasoning. Judges Roberts, Rowe, and Kelsey concurred.

Key Takeaways

  • The First District left the circuit court’s judgment in place.
  • The opinion provides no facts, legal analysis, or explanation for the affirmance.
  • The decision was not final until disposition of any timely and authorized motion under Florida Rules of Appellate Procedure 9.330 or 9.331.

Why It Matters

The decision resolves Simmons’s appeal in the State’s favor but supplies no written reasoning that attorneys can apply to other cases.

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