Simmons v. State
Simmons v. State
Opinion of the Court
ON MOTION FOR REHEARING
Appellant’s motion for rehearing is granted. We withdraw our prior per cu-riam opinion and substitute the following opinion in its stead.
Accordingly, since the state did not properly charge the appellant with the required number of prior petit theft convictions, the conviction for felony petit theft is reversed. The lower court is directed to resentence appellant on Count II without the enhancement.
REVERSED AND REMANDED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.