Miller v. State

The trial court denied the pro se motion of Antonio D’Angelis Miller (Miller) for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse.

Miller was convicted of possession of cocaine. The date of the offense is not clear from the record. However, it apparently occurred shortly before the date of his arrest on August 21, 1992. Miller’s instant motion was filed on May 10, 1995. The mandate issued in Miller’s direct appeal1 on July 5, 1994.2 Miller’s instant motion thus is timely.

Several of Miller’s claims lack merit. Miller’s motion, insofar as it alleges…