Miller v. State

Eric Miller (“the Defendant”) appeals from the trial court’s denial of his motion for post conviction relief. We reverse and remand for further proceedings.

A jury convicted the Defendant of strong-arm robbery for snatching a bag and purse from two tourists inside a car. He was caught hiding within the police perimeter area shortly after the robbery, and the purse was located near his hiding place. Both tourists identified the Defendant at a show-up and at trial.

The Defendant filed a motion pursuant to Florida Rule of Criminal Procedure 3.850 claiming that he should receive a new trial based…