Ex Parte Miller

Craigery LaBron Miller was convicted of robbery in the first degree. The Court of Criminal Appeals affirmed the conviction.650 So.2d 940. We granted certiorari review in order to determine whether the trial court erred in not removing the jury before it held part of a hearing on a motion to suppress. We conclude that it did. Therefore, we reverse and remand.

Before trial, Miller's counsel, Kevin Teague, moved to suppress a statement made by Miller to the police. In the motion to suppress the statement, Teague requested that "a pre-trial hearing be held in this matter." (C.R. 32.) The trial…