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MILLER v. STATE

No. 98-1627.

733 So.2d 1166 (1999)

Anthony William MILLER, Sr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

July 2, 1999.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and James G. Whitehouse, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Ann M. Phillips, Assistant Attorney General, Daytona Beach, for Appellee.

HARRIS, J.

We affirm the trial court's handling of the Williams Rule evidence. Further, we do not agree that the court's departure after considering a PSI insisted on by Miller was vindictive even though, before ordering the PSI, the court indicated that it intended a guideline sentence. Defendant was never promised a guideline sentence in exchange for anything. The court was ready to sentence immediately following the jury verdict and indicated a guideline sentence...

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