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STATE v. MILLER

Case No. 5D19-433.

288 So.3d 1281 (2020)

STATE of Florida, Appellant/Cross-Appellee, v. Michael MILLER, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fifth District.

Opinion filed January 31, 2020.

Attorney(s) appearing for the Case

Ashley Moody , Attorney General, Tallahassee, and Rebecca Rock McGuigan and Wesley Heidt , Assistants Attorney General, Daytona Beach, for Appellant/Cross-Appellee.

James S. Purdy , Public Defender, and Andrew Mich , Assistant Public Defender, Daytona Beach, for Appellee/Cross-Appellant.

The State of Florida appeals the postconviction court's order granting Michael Miller's Florida Rule of Criminal Procedure 3.850 motion for postconviction relief and granting Miller a new trial. We reverse.

Miller was convicted of lewd or lascivious molestation against a person 12 years of age or older but less than 16 years of...

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