Legal Opinion

State v. Miller

Supreme Court of Florida

Decided February 24, 2000No. SC94916Published

1Opinion of the CourtLewis, J.

We initially accepted for review the decision in Miller v. State, 723 So.2d 353 (Fla. 4th DCA 1998), based on alleged express and direct conflict with the decision in Rotenberry v. State, 468 So.2d 971 (Fla.1985). Upon closer examination, we find that review was improvidently granted. Further, after the Fourth District issued its decision in Miller, the defendant pled guilty to the underlying charges and was sentenced on remand. Therefore, the substantive issue to be addressed in this case is now moot.1 Accordingly, we dismiss the petition for review.

It is so ordered.

*1258HARDING, C.J., and SHAW,…

2Cases cited4 opinions

  1. Rotenberry v. StateSupreme Court of Florida · 1985
  2. Standard Jury Instructions in Criminal Cases (97-2)Supreme Court of Florida · 1998
  3. Holiday v. StateSupreme Court of Florida · 2000
  4. Miller v. StateDistrict Court of Appeal of Florida · 1998

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