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MILLER v. STATE

Nos. 91-1743, 92-896, 92-2144, 92-2625, 93-353, 93-483, 93-699, 93-1210 and 93-1284.

651 So.2d 138 (1995)

Eric MILLER, Ronald Wearen, Juan Hernandez, Kelvin Bernard Jones, Carlos L'Sherad, Sidney Herbert Hipburn a/k/a "Pie", Curtis D. Johnson, Arthur Hall, Freddie Morales, Appellants, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 29, 1995.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Valerie Jonas, Bruce Rosenthal, Robert Kalter, Rosa C. Figarola, Asst. Public Defenders, and Julie M. Levitt, Sp. Asst. Public Defender, and Charles G. White, Miami, for appellants.

Robert A. Butterworth, Atty. Gen., and Roberta Mandel and Linda S. Katz, Assts. Atty. Gen., Katherine Fernandez Rundle, State Atty., and Paul G. Mendelson, Asst. State Atty., for appellees.

Mark King Leban, Miami, for the American Civil Liberties Union Foundation of Florida, Inc., as amicus curiae.

Nancy C. Daniels and Nada M. Carey, Tallahassee, for The Florida Public Defenders Ass'n, as amicus curiae.

James T. Miller, Jacksonville and Robert A. Harper, Jr., Tallahassee and Carl Lida, Plantation, for the Florida Ass'n of Criminal Defense Lawyers, as amicus curiae.

Robert Burke, for the National Legal Aid & Defender Ass'n, Washington, DC, as amicus curiae.

Before HUBBART, BASKIN and LEVY, JJ.

PER CURIAM.

This is a consolidated appeal by the defendant Eric Miller and other defendants from various judgments of conviction and sentences and denials of motions to vacate sentence pursuant to Fla.R.Crim.P. 3.850 entered below. The sole point urged on appeal is that the trial court erred in refusing to conduct an evidentiary hearing on the defendants' claim that a habitual violent offender sentence, under Section 775.084, Florida Statutes (1991), was unlawfully...

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