Miller v. State

Full title: REGINALD MILLER, PETITIONER, v. STATE OF FLORIDA, RESPONDENT

Court: Supreme Court of Florida

Date published: Feb 11, 1993

616 So. 2d 15 (Fla. 1993)

Opinion

No. 79729.

February 11, 1993.

Application for Review of the Decision of the District Court of Appeal — Certified Great Public Importance, Second District — Case No. 91-02157 (Hillsborough County).

James Marion Moorman, Public Defender and Megan Olson, Asst. Public Defender, Bartow, for petitioner.

Robert A. Butterworth, Atty. Gen., and Ronald Napolitano, Asst. Atty. Gen., Tampa, for respondent.

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.

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

It is so ordered.

McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.

BARKETT, C.J., dissents with an 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).