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STATE v. MILLER

No. 1D04-2492.

918 So.2d 350 (2005)

STATE of Florida, Appellant, v. Rufus MILLER, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied January 13, 2006.

Attorney(s) appearing for the Case

Charlie Crist, Attorney General, and Bryan Jordan, Assistant Attorney General, Office of the Attorney General, Tallahassee, for Appellant.

Nancy A. Daniels, Public Defender, and Janice G. Scott, Assistant Public Defender, Tallahassee, for Appellee.

HAWKES, J.

The State appeals the trial court's order, which granted a new trial based on Crawford v. Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004). As grounds for granting a new trial, the trial court concluded the defendant's right of confrontation was violated by the State's introduction of a witness's prior statement into evidence. Although the witness testified at trial, he claimed he had been hit on the...

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