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MILLER v. STATE

No. 74955.

573 So.2d 337 (1991)

Robert Lewis MILLER, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

January 18, 1991.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Stephen Krosschell, Asst. Public Defender, Tenth Judicial Circuit, Bartow, for petitioner.

Robert A. Butterworth, Atty. Gen., and Stephen A. Baker, Asst. Atty. Gen., Tampa, for respondent.

BARKETT, Justice.

We review Miller v. State, 549 So.2d 1106 (Fla. 2d DCA 1989), because of a direct and express conflict with Ortagus v. State, 500 So.2d 1367 (Fla. 1st DCA 1987), approved, Rojas v. State, 552 So.2d 914 (Fla. 1989).1 The issue concerns whether the trial court's failure to instruct the jury on...

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