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MILLER v. STATE

No. 96-949.

678 So.2d 465 (1996)

Johnny MILLER, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

August 14, 1996.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Craig J. Trocino, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General and Sylvie Perez Posner, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and JORGENSON and GODERICH, JJ.

ON MOTION FOR REHEARING

SCHWARTZ, Chief Judge.

In 1992, Miller pled nolo to, among other charges, two counts of attempted first degree murder. Both counts alleged alternative claims of attempted premeditated murder and attempted felony murder. Relying on State v. Gray, 654 So.2d 552 (Fla.1995), Woodley v. State, 673 So.2d 127 (Fla. 3d DCA 1996) and Brown v. State...

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