MILLER v. STATE

No. PP-386.

389 So.2d 1210 (1980)

Richard Don MILLER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied December 1, 1980.


Attorney(s) appearing for the Case

Michael J. Minerva, Public Defender, and Nancy A. Daniels, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Doris E. Jenkins, Asst. Atty. Gen., for appellee.


PER CURIAM.

Appellant Miller was convicted of burglary and brings this appeal. We affirm although several issues merit discussion.

Appellant urges the trial court erred in refusing to instruct the jury that the state had to prove the burglary occurred at "approximately 4:15 a.m.", as stated in its bill of particulars. Appellant's alibi witness, his roommate, stated that when he returned home at 3:30 a.m. on October 26, 1977, he found appellant with an injured...

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