Supreme Court of Florida, 1993

Miller v. State

Miller v. State
Supreme Court of Florida · Decided February 11, 1993 · Barkett, Grimes, Harding, Kogan, McDonald, Overton, Shaw
616 So. 2d 15; 18 Fla. L. Weekly Supp. 120; 1993 Fla. LEXIS 161; 1993 WL 32516 (Southern Reporter, Second Series)

Miller v. State

Opinion of the Court

OVERTON, Justice.

We have for review Miller v. State, 595 So.2d 1112 (Fla. 2d DCA 1992), in which the district court certified the same question we answered in the negative in Gayman v. State, 616 So.2d 17 (Fla. 1993).1 For the reasons expressed in Gayman, we approve the decision below.

It is so ordered.

McDonald, shaw, grimes, kogan and HARDING, JJ., concur. BARKETT, C.J., dissents with an opinion.

. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

Dissenting Opinion

BARKETT, Chief Justice,

dissenting.

I dissent for the reasons expressed in my separate opinion in Gayman v. State, 616 So.2d 17 (Fla. 1993).

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