Florida District Courts of Appeal, 1993

Miller v. State

Miller v. State
Florida District Courts of Appeal · Decided December 22, 1993 · Blue, Frank, Schoonover
629 So. 2d 961; 1993 Fla. App. LEXIS 13229; 1993 WL 533863 (Southern Reporter, Second Series)

Miller v. State

Opinion of the Court

PER CURIAM.

On this second appeal, we affirm Gus Miller’s sentences in all respects except the habitual offender designation for his misdemeanor convictions. Habitual offender treatment is not allowed for misdemeanors. Teasley v. State, 610 So.2d 26 (Fla. 2d DCA 1992), review denied, 618 So.2d 1370 (Fla. 1993). Therefore, we remand only for the trial court to delete the habitual offender designation on the two misdemeanor sentences.

FRANK, C.J., and SCHOONOVER and BLUE, JJ., concur.

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