Miller v. State
Cases that cite this one
4 later published cases cite this decision.
- Campbell v. State (Fla. Dist. Ct. App. 2010)
- Gregory Miller v. James Crosby (11th Cir. 2006)
- Souza v. State (Fla. Dist. Ct. App. 2004)
- Miller v. State (Fla. Dist. Ct. App. 2001)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Gregory MILLER, Appellant,
v.
STATE of Florida, Appellee.
District Court of Appeal of Florida, First District.
Nancy A. Daniels, Public Defender; Carol Ann Turner, Assistant Public Defender, Tallahassee, for Appellant.
Robert A. Butterworth, Attorney General; Karen M. Holland, Assistant Attorney General, Tallahassee, for Appellee.
PER CURIAM.
Appellant was sentenced to life imprisonment as a prison releasee reoffender and as a habitual felony offender following his conviction for second degree murder with a firearm. We reject appellant's constitutional challenges to his sentence and the Prison Releasee Reoffender Act, section 775.082(8), Florida Statutes (1997). See Grant v. State, 770 So.2d 655 (Fla. 2000); State v. Cotton, 769 So.2d 345 (Fla. 2000). Because the court was not authorized to sentence appellant to a life sentence under both the habitual felony offender and the prison releasee reoffender statute, however, we strike the habitual offender designation. See Walls v. State, 765 So.2d 733 (Fla. 1st DCA 2000); Wright v. State, 765 So.2d 954 (Fla. 1st DCA 2000).
AFFIRMED.
BOOTH, MINER and KAHN, JJ., CONCUR.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.