Miller v. State

Mikell, Judge.

Greg Miller was charged with two counts of cruelty to children and family violence battery in connection with an incident that occurred on April 9, 2004. After a jury trial, Miller was acquitted of one count of cruelty to children and convicted of simple battery as a lesser included offense of family violence battery. The state nolle prossed the remaining cruelty to children charge. Miller was sentenced to 12 months to serve in jail, which sentence was suspended upon his completion of a drug program. On appeal, Miller raises three errors: (1) the trial court improperly commented…