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MILLER v. STATE

No. 1D07-0324.

988 So.2d 138 (2008)

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

District Court of Appeal of Florida, First District.

July 31, 2008.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and Carl S. McGinnes, Assistant Public Defender, Tallahassee, for Appellant.

Kevin Miller, pro se, Appellant.

Bill McCollum, Attorney General, and Jennifer J. Moore, Assistant Attorney General, Tallahassee, for Appellee.

WOLF, J.

Appellant, Kevin Miller, asserts that his plea to armed robbery and attempted felony murder must be overturned because the facts do not support the armed robbery charge. The State correctly concedes as to this issue. State v. Burris, 875 So.2d 408 (Fla.2004) (holding that the use of a motor vehicle cannot constitute "carrying a weapon" for purposes of aggravating a robbery charge).

The State initially charged...

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