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MILLER v. STATE

No. 63958.

435 So.2d 813 (1983)

Earnest Lee MILLER, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

July 18, 1983.

Attorney(s) appearing for the Case

Howardene Garrett of Garrett & Garrett, Tampa, for appellant.

Jim Smith, Atty. Gen. and Diane Barrs and William I. Munsey, Jr., Asst. Attys. Gen., Tampa, for appellee.

PER CURIAM.

Miller appeals the denial of his motion,* filed pursuant to Florida Rule of Criminal Procedure 3.850, to vacate, set aside, or correct conviction and sentence. We have jurisdiction and affirm the denial and deny his application for stay of execution.

A jury convicted Miller of first-degree murder, and the trial judge sentenced him to death. We affirmed both the conviction and sentence. Miller v. State,

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