Miller v. State

After entering a plea of no contest to trafficking in cocaine, appellant was sentenced under the Criminal Punishment Code to sixty-five months in prison followed by five years of probation. She later filed a motion to correct sentence pursuant to Florida Rule of Criminal Procedure 3.800(b)(2). In her motion, appellant challenged the constitutionality of the Criminal Punishment Code on the grounds that it violates due process by allowing the state to appeal a downward departure sentence without affording the defendant a similar right. She also contended that the Code is unconstitutional…