MILLER v. STATE

No. 1D17-4094.

253 So.3d 752 (2018)

Timothy Clarence MILLER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied September 27, 2018.


Attorney(s) appearing for the Case

Andy Thomas , Public Defender, and David A. Henson , Assistant Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi , Attorney General, and Benjamin L. Hoffman and Samuel B. Steinberg , Assistant Attorneys General, Tallahassee, for Appellee.


In this direct criminal appeal from a judgment and sentence for robbery with a firearm, Appellant argues that the trial court committed fundamental error when it failed to instruct the jury that a BB gun is not a firearm. Appellant also claims that if we disagree with his first argument, we should find that defense counsel's failure to request...

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