Florida District Courts of Appeal, 1987

Carter v. State

Carter v. State
Florida District Courts of Appeal · Decided July 15, 1987 · Anstead, Glickstein, Letts
509 So. 2d 994; 12 Fla. L. Weekly 1703; 1987 Fla. App. LEXIS 9331 (Southern Reporter, Second Series)

Carter v. State

Opinion of the Court

PER CURIAM.

We have recalled the mandate in this case because of the recent decision by the Supreme Court of the United States in Miller v. Florida, - U.S. -, 107 S.Ct. 2446, 96 L.Ed.2d 351 (1987), which approved this court’s conclusion in Miller v. State, 468 So.2d 1018 (Fla. 4th DCA 1985), and disapproved the reversal thereof by this state’s highest court in State v. Miller, 488 So.2d 820 (Fla. 1986).

We vacate our original opinion in light of Miller and reverse the defendant’s sentence and remand for correction thereof in accordance with Miller.

ANSTEAD, LETTS and GLICKSTEIN, JJ., concur.

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