Gallagher v. State

606 So.2d 1236 (1992)

David Lee GALLAGHER, Appellant,

v.

The STATE of Florida, Appellee.

No. 90-164.

District Court of Appeal of Florida, Third District.

October 20, 1992.

Bennett H. Brummer, Public Defender, and Harvey J. Sepler, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Mark S. Dunn, Asst. Atty. Gen., for appellee.

Before JORGENSON, LEVY and GODERICH, JJ.

This case is before us on remand for reconsideration in light of the Florida Supreme Court's decision in Miller v. State, 597 So.2d 767 (Fla. 1991).[1]

Defendant was involved in a traffic accident and was charged…