Timothy Clarence Miller v. State of Florida

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________ No. 1D17-4094 _____________________________ TIMOTHY CLARENCE MILLER, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________ On appeal from the Circuit Court for Duval County. Steven B. Whittington, Judge. August 16, 2018 JAY, J. 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…