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STATE v. MILLER

No. 2D02-5221.

870 So.2d 122 (2003)

STATE of Florida, Appellant, v. J.D. Travis MILLER, Jr., Appellee.

District Court of Appeal of Florida, Second District.

December 3, 2003.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Dale E. Tarpley, Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman, Public Defender, and William L. Sharwell, Assistant Public Defender, Bartow, for Appellee.

SALCINES, Judge.

The State appeals the sentence which was imposed upon J.D. Travis Miller, Jr., following his guilty plea to robbery with a firearm for an offense occurring on April 21, 2002. Miller concedes error but asserts that upon remand the trial court should be allowed to impose any legal sentence, including either the minimum mandatory sentence or a youthful offender sentence if Miller, whose date of birth is November 18, 1983, otherwise qualifies for the...

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