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STATE v. MILLER

No. SC94916.

753 So.2d 1257 (2000)

STATE of Florida, Petitioner, v. Paul MILLER, Respondent.

Supreme Court of Florida.

February 24, 2000.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, and Douglas Gurnic and Michael J. Neimand, Assistant Attorneys General, Fort Lauderdale, Florida, for Petitioner.

Richard L. Jorandby, Public Defender, and Siobhan Helene Shea, Assistant Public Defender, Fifteenth Judicial Circuit, West Palm Beach, Florida, for Respondent.

LEWIS, J.

We initially accepted for review the decision in Miller v. State, 723 So.2d 353 (Fla. 4th DCA 1998), based on alleged express and direct conflict with the decision in Rotenberry v. State, 468 So.2d 971 (Fla. 1985). Upon closer examination, we find that review was improvidently granted. Further, after the Fourth District issued its decision in Miller, the defendant...

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