MILLER v. STATE

No. 2D00-1163.

805 So.2d 885 (2001)

John Robert MILLER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

October 12, 2001.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Jack W. Shaw, Jr., Special Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Timothy A. Freeland, Assistant Attorney General, Tampa, for Appellee.


DAVIS, Judge.

John Robert Miller challenges his convictions for burglary with a firearm, shooting into a building, and discharging a firearm in public. He argues that the trial court improperly denied his motions for judgment of acquittal, improperly excluded certain testimony, and erroneously instructed the jury on the intoxication defense. Although we affirm the trial court on the first two issues without discussion, we agree that the trial court improperly instructed...

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