MILLER v. STATE

No. 2D11-6133.

112 So.3d 753 (2013)

Reilies Wayne MILLER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

May 10, 2013.


Attorney(s) appearing for the Case

Howard L. Dimmig, II , Public Defender, and Richard J. Sanders , Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Cerese Crawford Taylor , Assistant Attorney General, Tampa, for Appellee.


PER CURIAM.

Reilies Wayne Miller challenges his conviction for first-degree murder which was based on evidence that he shot the victim four times while in the back of a parked van. Miller claimed self-defense at trial, and he argues on appeal that the trial court erred in giving the jury a misleading instruction regarding the duty to retreat. Although we agree that the instruction was erroneous, we conclude that the error was harmless in light of the testimony and...

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