Miller v. State

Glenn Louis Miller appeals, among other things, his conviction for aggravated stalking and the resulting five-year sentence, arguing the trial court erred when giving special jury instructions to define aggravated stalking. A special instruction the trial court added to the (then) standard instruction effectively read an element out of the statutory definition, appellant maintains, and we agree. We reverse the aggravated stalking conviction and sentence on that basis.

Mr. Miller was charged with aggravated stalking in violation of section 784.048(4), Florida Statutes (2007), which provides, in…