Miller v. State

ON MOTION FOR REHEARING

We deny Appellant’s motion for rehearing but withdraw our opinion dated July 9, 1997, and substitute the following opinion.

Appellant, Clifton Miller, appeals from his conviction and sentence for strong-arm robbery and resisting arrest without violence. We affirm his conviction without further discussion, but reverse his sentence.

The sentencing guidelines had reflected a permitted sentencing range for Appellant from a minimum of 14.6 months to a maximum of 24.3 months. At sentencing, the trial judge stated: “I can give him more time if I sentence him as a youthful…