Florida District Courts of Appeal, 2013

Huggins v. State

Huggins v. State
Florida District Courts of Appeal · Decided July 10, 2013 · Emas, Rothenberg, Schwartz
118 So. 3d 235; 2013 WL 3455743; 2013 Fla. App. LEXIS 10993 (Southern Reporter, Third Series)

Huggins v. State

Opinion of the Court

PER CURIAM.

Affirmed. See Geter v. State, 115 So.3d 375 (Fla. 3d DCA 2012).

ROTHENBERG, J., AND SCHWARTZ, Senior Judge, concur.

Dissenting Opinion

EMAS, J.,

dissenting.

For the reasons expressed in my dissent to the denial of motion for rehearing en banc in Geter v. State, 3D12-1736 (Fla. 3d DCA June 26, 2013), I respectfully dissent from the majority opinion in the instant case to the extent it holds that the rule announced in Miller v. Alabama, — U.S. -, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012) does not apply retroactively to cases already final on direct appeal.

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